Q: Must Defendants be served with request for monetary judgment?

A: You aren't going to surprise the attorney by serving monetary judgment docs. He has already moved his assets if he is so inclined and/or has assets. He knew you were seeking money from the moment that he was served with the lawsuit, at the latest. However, once you have filed a Request for Default as to that Defendant, you do not need to serve him with the "prove up" pleadings.

A: Under California Code of Civil Procedure (CCP) § 587, if a default has been entered against the defendant, you are not necessarily required to notify them before seeking a default judgment. However, in some cases, courts may require a notice of the request for entry of judgment to be served on the defaulting party, depending on the type of case and the relief sought. Since this involves a monetary judgment, it’s wise to review the specific local rules of the court handling your case to ensure compliance.

Your concern about the defendant potentially hiding assets is valid. The defendant's history of appeals and avoidance suggests they may try to evade consequences. If you are worried about asset protection, consider taking steps such as filing a notice of judgment lien or other legal measures once the judgment is secured. This can help preserve your ability to collect, should the court grant your monetary judgment.

Given the complexity of your case, especially since the defendant is an attorney, it’s critical to handle all procedural requirements correctly. The judge’s prior sanctions and the complaint to the State Bar may strengthen your position, but ensuring every step is properly followed will minimize any opportunity for further appeals or procedural objections.