The topic of this article is to obtain the default jurisdiction in California using declarations without the need to appear in court.
Section 585 of the Civil Procedure Code (d) allows you to enter a default sentence using declarations instead of personal testimony. This avoids the time and means of litigation. In fact, in many districts in California this is the preferred method, only in unusual cases will the Court require “proving” a hearing. This is especially true now that the California budget crisis has rejected major staff cuts in most courts.
Please note that if punitive damages are required, some courts and judges will require “proof” of the hearing.
Obviously, you should enter a default value before protection before a default clause can be received. By default, you can request separately for any default proposal, in some cases this may be useful, as it may take time to obtain the necessary documents and signatures. Judicial Board Form CIV-100 The default input request is used for the default input and also to be used as the default jurisdiction. The relevant fields in the form must be verified, and when default jurisdiction is requested, the principal amount, accrued interest and any attorney fees and attorney fees must be indicated.
Then, the following documents should be submitted to support a request for a default solution.
Judicial Council Form CIV-110 A request for dismissal requests that all fictitious or “DOE” advocates be dismissed. Many courts will require this before default jurisdiction is introduced.
A case statement (also known as a case summary) in support of the default jurisdiction request. This should contain a summary of the reasons for the claim to the respondent and the amounts requested for each specific reason. It should be prepared on paper for pleading.
Declaration on the calculation of pre-trial interest. This is necessary when a pre-trial interest is requested, and it must specify how the pre-trial interest rate is calculated, for example, the interest rate, the annual interest rate divided by 365, which is equal to the daily percentage, which is then multiplied by the number of days . This declaration may also contain information about any requests from lawyers that are authorized by contract or statute. In the case of a written contract, Section 1717 of the Civil Code applies. The actions based on the account determined in Section 337a of the Civil Procedure Code, concluded from January 1, 1987 or after this date, provide for the statutory fees of an attorney provided for in Section 1717.5 of the Civil Code.
Many courts have a schedule for attorney fees in their local rules, such as the Los Angeles County Local Rule, rule 3.214, which provide a calculated basis for attorney fees without court orders otherwise. The obligation fee must be calculated by summing up the principal amount, accrued interest and the cost of the Court, and then using the total amount as the basis for calculating attorney fees.
Any request for payment that exceeds the stipulated in the local rules must be confirmed by the documentation showing the hours spent on this case, and also because the excessive fee for a lawyer is justified. This declaration must be prepared on paper for application.
Declaration of a blufid or cross applicant in support of a request for a default decision. This should contain all the marginal facts and relevant dates that support the claim or claims to the defense counsel, and also contain any exhibits in support of the claims. This should also be prepared on paper for application.
The original of any debt obligation or other written obligation to pay such money as a negotiable instrument, if any, for which the action is performed, must be submitted to the Court either separately or as an exhibit of the declaration. If the original is not available, a fact must be stated in the declaration to avoid rejecting the package of proposals by default.
The court clerk should note through the face of the letter, by his official signature, the date and the fact that jurisdiction was represented under such a contract. See California Court Rule 3.1806.
The proposed solution is the default. This must be submitted for signature by the Judge. It must contain all relevant amounts, such as principal, interest before the court, legal fees, any amounts of liability requested, and must also indicate the total amount of the judgment. In some courts, it may be necessary for a party to use the JUD-100 Judicial Council of the Judicial Council instead of preparing the proposed application paper decision, even if JUD-100 is listed as an additional form.
The claimant must make every effort to determine in advance whether any additional forms may be required from the local court, since some courts have specific local forms. Finding local rules can be a big help in this area.
If you liked this article, tell others about it.
Yours faithfully,
Stan Berman
Copyright 2012 Stan Berman. All rights reserved.
DENIAL OF RESPONSIBILITY:
Please note that the author of this article, Stan Berman is NOT a lawyer and therefore cannot provide any specific legal advice. The author is NOT engaged in providing any legal, financial or other professional services, and any information contained in this article is NOT intended for legal advice.
These materials and information contained in this article have been prepared by Stan Berman for informational purposes only and are not legal advice. The transfer of information contained in this article is not intended to create, and the receipt does not establish any business relationship between the sender and the recipient. Any readers should not work on this information without contacting a professional consultant.
