Legal Question in Business Law in California

I filed a case in superior court. Defendant did not answer and default was entered. I am just about to prepare the default judgment documents. I found a real default judgment packet filed by a firm in one of its case on the internet. Aside from the typical case summary, declarations, computation of interest and others it includes a memorandum of points and authorities. Is this memorandum of points and authorities required? The rules does not seem to require this. Is it a good idea to nevertheless include this.


Asked on 7/19/16, 12:21 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It's a good idea to include a memo of points and authorities, though it can be short. Just include the statutes and some case law that support your reason for judgment. By the way, if you're suing on a breach of contract claim and the amount is small enough, some courts will allow the clerk to enter judgment without having to do a prove-up hearing. Check with the court's default clerk to determine if you can do it this way.

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Answered on 7/19/16, 1:02 pm


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