Legal Question in Civil Litigation in California

If the defendants have not answered within the proper time after service, you must file for entry of default, and, either at the same time or subsequent, file for default judgment.

When the lawsuit is filed, the clerk normally enters a date at which time the court expects you to to have served the defendants [30 days after filing suit] and either the defendants have filed their answer or you have filed a request for default.[another 30 days], Taking the default is not mandatory.

If the parties have been properly served and you have filed with the court the correctly filed out summons, then you just fill out the one page form requesting a default be entered. If the amount of money is clear [breach of a contract stating exact sum owed] you can also ask for a default judgment, but if the amount of the damages is uncertain [tort suit, landlord rent suit] you have to request a "prove up" hearing for the judgment of how much money you get.

Almost any attorney can help you do this, but you probably can do it on your own; If you need more help, I charge $125 per hour.

Good luck.

I disagree with Mr. Shers. You do state the case is civil, and it is most likely a "fast track case."

Under fast track rules, the courts have established by rule of court, a time period for service of the complaint within 60 days of filing the complaint. "The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint." (Cal. Rules of Court, rule 3.110(a).) "If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed." (Cal. Rules of Court, rule 3.110(f).)

There are similar rules for taking a default. "If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default." (Cal. Rules of Court, rule 3.110(g).)

The purpose of the tickler is to cause the clerk to check the file to ensure that you are prosecuting the case in a timely manner. If proofs of service have not been filed, or a request for entry of default made, the clerk will calendar and Order to Show Cause for Sanctions. Sanctions can run the gamut from monetary fines that you have to pay the court, up to and including dismissal of your case.

Mr. Shers is wrong. Mr. Roach is correct. Santa Clara County pretty strictly enforces the state civil rules Mr. Roach cites. If you are going to continue acting in pro per you MUST read the local and state rules of court, starting here: http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110

Both the two attorneys above are legally correct. I should have made it more clear that I was referring to what often happens in Alameda and some other counties [I am not familiar with Santa Clara County practices], which is attorneys frequently not following the rules and sometimes getting sanctioned by the courts [but fairly often not]. I slipped as to it being 60 and not 30 days to serve as Ii was thinking of the time in which to answer which is 30 days.