Legal Question in Landlord & Tenant Law in California

The clerk is correct. You need to prepare and file a motion to set aside or vacate the entry of default. The grounds for setting aside or vacating a default judgment are set forth in California Code of Civil Procedure � 473 and include mistake, inadvertence, surprise, excusable neglect, party not given proper notice (service of process) and void judgments. There is no "form" motion for this - you'll need to either hire an attorney, or visit your local law library to find a template motion you can modify to fit your facts. The motion must be filed within a reasonable time from the entry of the default, but in no event can it be filed more than 6 months after the entry of a default (except in very, very limited circumstances set forth in the code section). You must file that motion with a notice of motion, supporting declaration(s), a memorandum of points & authorities and a proposed responsive pleading (answer or demurrer). These papers must be served on the plaintiff's attorney, then filed with the Court. You'll need to call the court to get a hearing date before serving the papers.

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