Legal Question in Civil Litigation in California

I am attempting to get a default judgment by the Court, and the court has kicked back the docs based on the following statement: A 585 declaration is required. I have submitted declarations for both interest and punitive damages, thinking that these would satisfy the requirement to no avail; can someone explain to me what exactly a 585 declaration is? Thanx


Asked on 2/24/12, 10:32 am

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

Without seeing what exactly you have filed, it is hard to tell you what is missing. Generally an application for a judgment must provide evidence of both liability and damages. In other words, merely having a default does not entitle you to a judgment for whatever amount you want or even the amount you asked for in the complaint. The court still wants some evidentiary proof. I would advise you to consult with an attorney who might be able to assist you in completing the default judgment process and also assist you with collection.

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Answered on 2/24/12, 10:44 am
Anthony Roach Law Office of Anthony A. Roach

The reference is to Code of Civil Procedure section 585. It sounds as though you need to submit a proper default judgment package, that includes a declaration from you that proves up the case. You can read the statute here: http://law.onecle.com/california/civil-procedure/585.html

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Answered on 2/29/12, 9:19 am


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