§ 586.Judgment Rendered As If Defendant Failed to Answer
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 2. Judgment Upon Failure to Answer · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 586 extends default-judgment treatment to eight situations where a defendant has already appeared but then drops out of the case, such as failing to answer an amended complaint or failing to respond after a demurrer or motion to strike is overruled or denied.
(a)In the following cases the same proceedings shall be had, and judgment shall be rendered in the same manner, as if the defendant had failed to answer:
(1)If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice of motion to strike, of the character specified in Section 585, within 30 days after service thereof or within the time allowed by the court.
(2)If the demurrer to the complaint is overruled and a motion to strike, of the character specified in Section 585, is denied, or where only one thereof is filed, if the demurrer is overruled or the motion to strike is denied, and the defendant fails to answer the complaint within the time allowed by the court.
(3)If a motion to strike, of the character specified in Section 585, is granted in whole or in part, and the defendant fails to answer the unstricken portion of the complaint within the time allowed by the court, no demurrer having been sustained or being then pending.
(4)If a motion to quash service of summons or to stay or dismiss the action has been filed, or writ of mandate sought and notice thereof given, as provided in Section 418.10, and upon denial of the motion or writ, the defendant fails to respond to the complaint within the time provided in that section or as otherwise provided by law.
(5)If the demurrer to the answer is sustained and the defendant fails to amend the answer within the time allowed by the court.
(6)
(A)If a motion to transfer pursuant to Section 396b is denied and the defendant fails to respond to the complaint within the time allowed by the court pursuant to subdivision (e) of Section 396b or within the time provided in subparagraph (C).
(B)If a motion to transfer pursuant to Section 396b is granted and the defendant fails to respond to the complaint within 30 days of the mailing of notice of the filing and case number by the clerk of the court to which the action or proceeding is transferred or within the time provided in subparagraph (C).
(C)If the order granting or denying a motion to transfer pursuant to Section 396a or 396b is the subject of an appeal pursuant to Section 904.2 in which a stay is granted or of a mandate proceeding pursuant to Section 400, the court having jurisdiction over the trial, upon application or on its own motion after the appeal or mandate proceeding becomes final or upon earlier termination of a stay, shall allow the defendant a reasonable time to respond to the complaint. Notice of the order allowing the defendant further time to respond to the complaint shall be promptly served by the party who obtained the order or by the clerk if the order is made on the court's own motion.
(7)If a motion to strike the answer in whole, of the character specified in Section 585, is granted without leave to amend, or if a motion to strike the answer in whole or in part, of the character specified in Section 585, is granted with leave to amend and the defendant fails to amend the answer within the time allowed by the court.
(8)If a motion to dismiss pursuant to Section 583.250 is denied and the defendant fails to respond within the time allowed by the court.
(b)For the purposes of this section, "respond" means to answer, to demur, or to move to strike.
Plain-English Summary
Not every default looks like total silence from the start. Section 586 lists eight situations where a defendant took some initial step in the case but later stopped participating, and directs that the same default proceedings and judgment described in § 585 apply just as if the defendant had never answered at all.
Most of the list follows a common pattern: a defendant amends nothing, or loses a motion, and then fails to act within the time the court allows. That includes failing to answer an amended complaint, failing to respond after a demurrer is overruled or a motion to strike is denied, failing to answer the unstricken part of a complaint after a partial motion to strike is granted, failing to respond after a motion to quash or transfer is denied, and failing to amend an answer after a demurrer to it is sustained.
Subdivision (a)(6) works through the timing consequences of a motion to transfer venue under § 396b in detail, including what happens when the transfer ruling itself is appealed or challenged by writ. Subdivision (b) closes with a simple definition: for purposes of this section, "respond" means to answer, demur, or move to strike.
Frequently Asked Questions
Does § 586 apply to a defendant who already filed something in the case?
Yes. It covers defendants who filed a demurrer, motion to strike, motion to transfer, or motion to quash, but then failed to take the next required step — such as answering — after losing that motion.
What happens if a defendant doesn't answer an amended complaint?
Under § 586(a)(1), the same default proceedings apply as if the defendant had never answered the original complaint, so long as the defendant also didn't demur or move to strike the amended version within the time allowed.
What does "respond" mean under this section?
Subdivision (b) defines it to mean answering, demurring, or moving to strike.
What if a motion to transfer venue under § 396b is appealed?
Section 586(a)(6)(C) gives the trial court discretion to allow the defendant a reasonable time to respond once the appeal or writ proceeding becomes final or an earlier stay ends.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:default after demurrer overruled californiadefault treated as failure to answer