If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.
§ 1169.Default Judgment
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2008 · Last verified July 29, 2026
In one sentenceSection 1169 lets the court clerk enter a tenant's default and, if the landlord asks, immediately enter judgment for possession and issue a writ of execution once the tenant was properly served with the summons and complaint and never answered.
Full Text of § 1169
Plain-English Summary
An unlawful detainer case moves fast, and a tenant who ignores it pays the price quickly. If a defendant served with the summons doesn't show up and defend by the deadline, the clerk enters that defendant's default on the landlord's written application, backed by proof of service. If the landlord asks for judgment right then, the clerk enters it immediately — no separate hearing required to get possession.
The paperwork has to say who the judgment covers. Both the application and the judgment need a place to indicate whether they include tenants, subtenants, named claimants, and any other occupants of the property. That detail matters later, because § 1174.3 gives an occupant who wasn't named in the judgment a separate path to contest eviction, and § 1174.25 covers occupants who were served a prejudgment claim of right to possession under § 415.46 before judgment ever entered.
Winning possession by default doesn't end the case. Once the default judgment for possession is in hand, the landlord can still go back to the court for anything else the complaint demanded — back rent, damages, or costs — against any or all of the defaulted defendants.
Frequently Asked Questions
What happens if I don't respond to an eviction lawsuit in California?
The clerk will enter your default once the landlord files proof that you were served, and if the landlord asks, a judgment for possession and a writ of execution can be issued right away.
Can a default judgment cover people who aren't named as defendants?
Does a default judgment for possession also resolve money owed?
Not automatically. Section 1169 lets the landlord separately ask the court for other relief demanded in the complaint, such as unpaid rent or costs, against the defaulted defendants.
Amendment History
Amended by Stats 2007 ch 263 (AB 310),s 13, eff. 1/1/2008.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: california eviction default judgmentunlawful detainer default california