BlackletterCalifornia law

Code of Civil Procedure § 1169

CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Current as of September 28, 2026Code Civ. Proc., § 1169Official source ↗

Amended by Stats. 2007, Ch. 263, Sec. 13. Effective January 1, 2008.

If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.