Legal Question in Civil Litigation in California

A clerk's judgment is much speedier than one that requires the court to consider evidence. The clerk is an administrator and can't do that. If the complaint is for a set amount of money owed on a debt or wages, for example, that can be a clerk's default judgment. On the other hand, if there was an injury from a car accident, the value of the injury -- medical bills and especially pain and suffering -- would require the court's consideration of all the evidence, even if the defendant has failed to answer the lawsuit.

It's a multipurpose form. Despite all of my complaints and letters, the Judicial Council refuses to fix it and make it two forms. The first part, requesting the clerk enter the defendant's default, is requested on the form. That cuts off the defendant's right to appear.

The second part is requesting the judgment. If it is a liquidated amount, such as a contract with fixed amount capable of easy calculation, then you can request a clerk's judgment. If it is for something more difficult, however, such as a personal injury, you have to submit the same form as part of a default judgment package.

This BBS is an inappropriate forum to explain all of the details here.