Judgment in any such action shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
§ 751.14.Judgment By Default Not Given
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.14 forbids a default judgment in this kind of action, requiring the court instead to require proof of the facts alleged in the complaint and other pleadings before entering judgment.
Full Text of § 751.14
Plain-English Summary
A default judgment would let a court act on unopposed allegations alone. This section closes that door. No matter how few claimants appear or answer, judgment in a Chapter 3.5 action cannot be entered by default — the court must require actual proof of the facts alleged in the complaint and any other pleadings.
That requirement fits the stakes: a judgment here substitutes for destroyed public records and binds everyone with a claimed interest, known or unknown, under § 751.15. Requiring proof, rather than accepting unopposed allegations, is part of what makes that binding effect defensible.
Frequently Asked Questions
Can judgment be entered by default if no one answers the complaint?
No. Section 751.14 bars default judgments in these actions regardless of whether anyone appears.
What must the court do instead of entering a default judgment?
Require proof of the facts alleged in the complaint and any other pleadings before rendering judgment.
Why does this chapter bar default judgments when other civil actions allow them?
Because the judgment binds everyone with a claimed interest in the property, known or unknown, so the court needs actual proof rather than unopposed allegations before making that judgment conclusive.
Amendment History
Added by Stats. 1953, Ch. 52.
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: no default judgment destroyed records action california