In an action of the type authorized by this chapter, judgment shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
§ 751.59.Judgment Not Given By Default
Title 10. Actions In Particular Cases · Chapter 3.6. Cullen Earthquake Act · Enacted 1972 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.59 forbids judgment by default in a Cullen Earthquake Act action, requiring the court instead to require proof of the facts alleged in the complaint and other pleadings.
Full Text of § 751.59
Plain-English Summary
This section mirrors Chapter 3.5's own bar on default judgments in § 751.14, applied here to the boundary-reestablishment action. No matter how few affected owners answer, the court cannot enter judgment by default in an action authorized by this chapter — it must require proof of the facts alleged in the complaint and other pleadings.
That requirement fits the scope of what the judgment ultimately decides under § 751.60: land boundaries and ownership interests across an entire disaster area, binding on everyone with a stake in it. Requiring actual proof, rather than accepting unopposed allegations, supports a judgment carrying that much weight.
Frequently Asked Questions
Can the court enter a default judgment if a landowner doesn't answer?
No. Section 751.59 bars default judgments in these actions regardless of who fails to appear.
What must the court do instead?
Require proof of the facts alleged in the complaint and other pleadings before entering judgment.
Amendment History
Added by Stats. 1972, Ch. 936.
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 cullen earthquake act california