Example: a served driver who has not responded
Before requesting default against a driver, review the court docket and the service packet. Confirm the correct defendant received legally sufficient service, calculate the response date using the actual service method, and check for an extension or responsive filing. Personal injury claims also require attention to the statement of damages. Entry of default and entry of judgment are separate steps. Keep the service proofs, damages records, and requested relief organized for the later judgment process. Do not treat a missed response date as a guaranteed payment or a substitute for evidence of damages.
CIV-100 is used to request entry of default and related judgment relief as applicable. Select the requested action accurately. An application for default is not proof that default has already been entered, and entry is not itself a damages judgment. Check the docket after filing and resolve any rejection or deficiency before relying on the defendant’s default status.
Documents and facts to assemble
- The correct CIV-100 request and defendant identification
- The service record, damages notice, and docket confirmation
How this fits an injury lawsuit
Entry of default and a default judgment are separate steps. In a personal injury or wrongful death action, the statement-of-damages requirements deserve special attention before default is requested. A missed response date does not automatically create a judgment or establish the amount payable. The plaintiff still needs a proper service record and the documents and evidence required for court judgment. The court can request additional declarations, testimony, or a corrected packet. A damages summary should reconcile the injury narrative, supporting records, amounts requested, and any applicable limits on relief.
Practical checklist
- Verify service, the response deadline, extensions, and the court docket before requesting default.
- Check CCP 425.11 and any punitive-damages notice requirements before entry of default.
- Prepare the CIV-100 request and the applicable rule 3.1800 court-judgment materials, with local instructions.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- Judicial Council form CIV-100
- California Courts: request default
- CCP 425.11: statement of damages
- Rule 3.1800: default judgment documents
- Rule 3.110: default case management
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
