If a defendant has appeared in the case, what entitlement do they have regarding a default judgment hearing?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

When a defendant has appeared in a case, they are entitled to notice before a default judgment can be entered against them. This requirement is grounded in the principle of due process, which ensures that parties involved in a legal proceeding are given an opportunity to be heard. Simply put, once a defendant has engaged with the legal process, they cannot be subject to a default judgment without being made aware of the potential for such a ruling and being afforded the chance to defend themselves.

Notice allows the defendant to understand the situation and respond appropriately, whether that involves appearing in court or addressing the claims made against them. This requirement protects their interests and upholds the integrity of the judicial process.

The other options do not accurately reflect the rights of a defendant who has appeared. For instance, there's no automatic dismissal or assumption of liability without proper legal proceedings and notice. The requirement for notice is crucial in maintaining fairness in the legal system.

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