Legal Question in Civil Litigation in California

The defendant who fails to answer within the time allowed is in default. A notice of default may be served and filed at that time.

I disagree with Mr. Perry.

When a party is given leave to answer after a demurrer is overruled, the time to file an answer is give by the court, and runs from when notice of ruling was given. Right now, the issue is whether or not notice of the ruling was waived by the parties in open court and entered into the minutes of the court. If the parties waived notice, the 20 days is going to run from the hearing.

If one party was ordered to give notice, or notice was not waived, then the time to answer will run from the notice. If no notice has been given, then you need to give notice of the ruling on the demurrer. You do not give notice of a default, but rather notice of the ruling on the demurrer.

There is no such thing as a notice of default. When the proper notice is given and the time runs, you then file a "request for clerk's entry of default." There is a mandatory statewide form that the Judicial Council has prepared for that purpose.