Q: Defendant notified in Feb, 2024 that Default entered (no response). Must now notify of request for money judgment?
Default entered Feb 2024 on malpractice complaint. Now filing request for monetary judgment
Atty says we must notify defendant under CCP section 473(d) & 587 ... TRUE?
Atty says must notify Def. to protect against Def. seeking to render monetary judgment void.
Thought after 6 months passed with no response by Def., their appeal period expired. TRUE?
Do we really need to notify Defendants that we're now filing for monetary judgment?
Atty says yes - cited CCP 587, Rodriguez v. Henard (2009) 174 Cal.App.4th 529, 535 & Heidary v. Yadollahi (2022) 99 Cal.App.4th 857, 861
But atty ALSO says CCP 1010 & Rios v. Singh (2021) 65 Cal.App.5th 871, 886 says once default is entered (which was in Feb, 2024), that Def. NOT entitled to further notices AND defendants ordinarily NOT entitled to notice of proceedings AFTER entry of default.
Do NOT want to notify Def (he's an atty - albeit a bad one) & has filed multiple appeals in prior legal matters. He'd lose but don't want delay
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A:
You face a confusing procedural question about whether to serve notice on a defaulted defendant before requesting a monetary judgment. In California, some authority suggests that once a defendant’s default is entered, they aren’t entitled to further notices. Yet other authority indicates a cautious approach that involves serving notice to reduce the risk of a later challenge.
CCP sections 587 and 473(d) are often cited to confirm that defendants should receive notice of default judgment requests, especially when damages are unliquidated. The cases Rodriguez v. Henard and Heidary v. Yadollahi support that idea. On the other hand, CCP 1010 and Rios v. Singh point out that defaulted defendants don’t always get formal notices after default.
Your attorney likely wants to avoid giving the defendant any ammunition for appeals or set-aside motions, which can happen if they claim lack of due process. Although more than six months have passed since the default, the best course of action often involves a clear paper trail to shut down potential arguments. You might decide that serving notice is a small inconvenience compared to risking a challenge to the final judgment. Speak with your legal counsel about the best strategy for your situation, since they know the specifics of your case.
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