On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the Court to complete the judgment, a reference may be ordered, as in that section provided.
§ 636.Failure of Defendant to Answer; Reference Ordered
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 5. Trial by the Court · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 636 lets a plaintiff who wins a judgment on an issue of law proceed as though the defendant failed to answer under § 585's default provisions, and lets the court order a reference under that same section when a defendant wins on an issue of law but an accounting or fact-finding is still needed to complete the judgment.
Full Text of § 636
Plain-English Summary
This section bridges bench-trial rulings on questions of law back into the code's default-judgment machinery. When a plaintiff wins on an issue of law, the plaintiff can proceed the way § 585's first two subdivisions allow when a defendant has failed to answer — the same streamlined path to judgment applies either way.
The flip side covers a defendant who wins on an issue of law but the case isn't finished yet — some accounting or factfinding is still needed before the court can complete the judgment. In that situation, the court may order a reference, using the same reference procedure § 585 provides.
Frequently Asked Questions
What can a plaintiff do after winning a judgment on an issue of law?
Proceed in the manner prescribed by the first two subdivisions of § 585, the same path available when a defendant has failed to answer.
What happens if the defendant wins on an issue of law but an accounting is still needed?
The court may order a reference, as provided in § 585, to take the account or prove the necessary fact before completing the judgment.
Amendment History
Enacted 1872.
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: judgment on issue of law california