San Francisco — GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS (SFCIV-020)

Source: https://sf.courts.ca.gov/system/files/general/sfciv-020-guidelines-processing-default-judgments-rev.pdf

Superior Court of California COUNTY OF SAN FRANCISCO 400 McAllister Street, San Francisco, CA 94102 Phone: 415-551-4000 | Website: https://sfsuperiorcourt.org

GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS

Court Judgment – Unlimited

The following may be required: A proposed judgment not exceeding the amount prayed for in the complaint In personal injury and wrongful death actions, a judgment not exceeding the total on the statement described in CCP 425.11 (Request for Statement of Damages) and CCP 425.115 (Reservation of Right to Seek Punitive Damages) must be filed A Declaration setting forth facts showing that the defendant is not in military service. This declaration must be no older than six months (Service members Civil Relief Act, 50 USC Appen. 520) A Memorandum of Costs (CRC 3.1700; Judicial Council form MC-010) The original written contract, if any, giving rise to the action, or a declaration regarding lost document. (CRC, Rule 3.1806) If the action is upon an open book account, an affidavit or declaration that no written contract exists (CCP Before Trial (Cont. Ed. Bar) § 56.41 A computation of any interest, including the date of accrual and the rate of interest A copy of any notice sent to defendant in accordance with CCP 1033(b)(2), if applicable A dismissal of all unnamed defendants, including DOES The ledger or most recent invoice showing amounts due

Clerk’s Judgment

The following must be submitted: Proposed Judgment not exceeding the amount of the prayer Declaration setting forth facts showing that the defendant is not in military service. This Declaration must be older than six (6) months (Service members Civil Relief Act, 50 USC. 520) Memorandum of Costs (CRC 3.1700; Judicial Council form MC-010) A computation of any interest, including the date of accrual and the rate of interest Original written contract, if any, giving rise to the action, or a Declaration regarding lost document (CRC, Rule 3.1806) Copy of any notice sent to defendant in accordance with CCP 1033(b)(2), if applicable Dismissal without prejudice or a written waiver of any causes other than those on which a clerk can enter Judgment pursuant to CCP 585(a) A dismissal of all unnamed defendants, including DOES If the action is upon an open book account, an Affidavit or Declaration that no written contract exists. (CCP Before Trial (Cont.Ed.Bar) § 56.41) On an open book account, plaintiff may obtain a clerk’s entry of judgment provided that plaintiff submits one of the following:

GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS

SFCIV-020 Rev. Mar-13-2020

1. A verified complaint;
   2. A declaration setting forth figures from which the clerk may perform a simple computation to obtain the amount of the judgment; or,
   3. The Ledger or most recent invoice showing amounts due, from which the clerk can perform a simple calculation to compute judgment.

Checklist for Court or Clerk Judgment

All items must be checked or indicate “N/A” that the item is not applicable to your case:

☐ Submit Original Proof of Summons for all defendants (Judicial Council form POS-010) 1. Proper Venue: buyer resides in SF or did when contract signed. Yes No N/A ☐ ☐ ☐ 2. Name and title of the person authorized to accept service on behalf of Yes No N/A ☐ ☐ ☐ a business entity must be indicated on the proof of service 3. Declaration of Due Diligence for substituted service must comply with Yes No N/A ☐ ☐ ☐ SFSF Local Rules 4. A Statement of Damages must be served on all defendants in personal Yes No N/A ☐ ☐ ☐ injury/wrongful death cases

☐ Submit a Request for Dismissal of “Doe” Defendants, if “Doe” Defendants are listed on complaint (Judicial Council form CIV-110)

☐ Submit Request for Entry of Default/Application for Default Court Judgment (Judicial Council form CIV-100) 1. Time to answer must have expired before Default can be entered Yes No N/A ☐ ☐ ☐ 2. Names of plaintiff and defendant, including any AKA’s must match the Yes No N/A ☐ ☐ ☐ names on the complaint 3. The Declaration of Mailing must be complete Yes No N/A ☐ ☐ ☐ 4. The Declaration of Military Status must be dated within six months of Yes No N/A ☐ ☐ ☐ filing the Default Judgment 5. All defendants named on the Judgment must be defaulted before Yes No N/A ☐ ☐ ☐ judgment can be entered 6. All defendants NOT named on the Judgment must be dismissed Yes No N/A ☐ ☐ ☐

☐ Submit a Memorandum of Costs (Judicial forms MC-010 or CIV-100) 1. Evidence must be submitted to support all fees and costs as Yes No N/A ☐ ☐ ☐ requested, including service by publication fees 2. Service fees for dismissed defendants cannot be included Yes No N/A ☐ ☐ ☐ 3. If the amount of damages is within jurisdictional limits of the Small Yes No N/A ☐ ☐ ☐ Claims court, a notice pursuant to CCP 1033 is required. This notice will be satisfied by a Declaration stating that a demand was mailed to the defendant(s) notifying defendants that they are liable for court costs

GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS

SFCIV-020 Rev. Mar-13-2020

☐ Interest claimed on the Judgment 1. If interest is included on the judgment, a declaration must be Yes No N/A ☐ ☐ ☐ submitted indicating the rate of interest, both beginning and end dates used in the calculation, and total amount requested 2. If the interest rate is higher than the legal rate, the contract or Yes No N/A ☐ ☐ ☐ disclosure statement must allow for interest in excess of the legal rate

☐ Attorney Fees claimed on the judgment 1. Attorney fees claimed must comply with SFSF Local Rule Yes No N/A ☐ ☐ ☐ 2. If attorney fees are based on written agreement, the contract or Yes No N/A ☐ ☐ ☐ disclosure statement must allow for the fees 3. If attorney fees are allowed by a specific statute, such as CC 1717, et Yes No N/A ☐ ☐ ☐ se., this must be specified in a separate declaration or specified in the prayer of the complaint

☐ If judgment based on Open Book Account 1. Submit a declaration that states: “No written agreement exists” Yes No N/A ☐ ☐ ☐ 2. Late fees are not allowed Yes No N/A ☐ ☐ ☐

☐ If judgment is based on a Written Agreement 1. If the written agreement is a negotiable instrument (check or Yes No N/A ☐ ☐ ☐ promissory note), the original document must be submitted to the court 2. A waiver of security interest must be submitted if the contract has a Yes No N/A ☐ ☐ ☐ collateral or security clause involving personal property

☐ If judgment is submitted by a Debt Buyer 1. Submit a declaration per CC 1788.60 Yes No N/A ☐ ☐ ☐ 2. A copy of the contract or other document described in CC 1788.52(b) Yes No N/A ☐ ☐ ☐ must be submitted to the court

☐ Include the following Exhibits 1. A ledger or the most recent invoice showing the amount due Yes No N/A ☐ ☐ ☐ 2. A declaration complying with CCP 585(d) Yes No N/A ☐ ☐ ☐ 3. A brief summary of the case identifying the parties and the nature of Yes No N/A ☐ ☐ ☐ the action pursuant to CRC, Rule 3.1800(a)

☐ If a Fee Waiver was granted 1. The judgment must list all previously waived fees and costs on behalf Yes No N/A ☐ ☐ ☐ of the prevailing party and order them paid to the court ( does not apply if party being defaults had a fee waiver)

☐ If Judgment is based on a Deficiency Judgment 1. Submit a Deficiency Memorandum with the original signature, signed Yes No N/A ☐ ☐ ☐ under penalty of perjury 2. Submit proof of expenses claimed on the Deficiency Memorandum Yes No N/A ☐ ☐ ☐

GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS

SFCIV-020 Rev. Mar-13-2020

3. Submit a Bill of Sale Yes No N/A ☐ ☐ ☐
   4. Submit a Notice of Intent to Sell pursuant to CC §2983.2 Yes No N/A ☐ ☐ ☐

☐ If judgment is based on Subrogation 1. Submit a declaration by the plaintiff Yes No N/A ☐ ☐ ☐ 2. Submit a declaration by the insured Yes No N/A ☐ ☐ ☐ 3. Submit a copy of the demand letter if interest is being requested Yes No N/A ☐ ☐ ☐ 4. Submit a copy of the check(s) or a computer printout showing check(s) Yes No N/A ☐ ☐ ☐ or EFT information 5. Interest is limited to 7%, starting from the date of service of the Yes No N/A ☐ ☐ ☐ demand letter or filing of the complaint, whichever is earlier

☐ If judgment is based on Claim & Delivery 1. Submit proof of ownership Yes No N/A ☐ ☐ ☐ 2. Submit a declaration as to the value of the property Yes No N/A ☐ ☐ ☐ 3. The judgment must include a detailed description of the property, the Yes No N/A ☐ ☐ ☐ VIN or serial number, and state: “The proceeds of the sale of property will be applied to the damages”

☐ If the judgment is based on failure to pay Homeowners Association Fees 1. Submit a copy of the CC&Rs addressing the assessments, fees, and Yes No N/A ☐ ☐ ☐ collection costs 2. Submit a copy of the trust or grant deed Yes No N/A ☐ ☐ ☐ 3. Submit a proof of collection costs Yes No N/A ☐ ☐ ☐

☐ Submit a proposed Judgment (optional Judicial Council form JUD-100; it is recommended to use the Judicial Council form JUD-100 unless the requested judgment is too complicated for the form)

These are only guidelines and should not be used as a substitute for legal advice. It may not include all of the information that is legally required.

Parties must also consult the Judgment Checklists by going to the website: https://sf.courts.ca.gov/forms-fees/local-forms for further guidance on the requirements for obtaining judgments in Civil proceedings.

GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS

SFCIV-020 Rev. Mar-13-2020