Under what condition can a clerk enter a default judgment?

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

A clerk can enter a default judgment when the amount of damages is specific and certain. This process provides a streamlined method for a plaintiff to obtain a judgment without the need for a lengthy court trial when the defendant has failed to respond to the complaint.

When a default is entered, it indicates that the defendant has not appeared or responded in a timely manner. For the clerk to enter a default judgment, the amount owed must be clearly ascertainable, which is why the requirement for damages to be specific and certain is crucial. This allows the clerk to calculate the amount based on the evidence or documents submitted by the plaintiff without needing further proceedings.

In contrast, the other conditions presented do not meet the requirements for a clerk to enter a default judgment. Unavailability of the opposing party does not influence this process; rather, it is the defendant's failure to respond that leads to the potential for a default judgment. A request from the defendant would typically indicate that they are engaged in the proceedings, which would not warrant a default judgment. Lastly, providing expert testimony is unnecessary when the damages are already specific and certain; it is primarily relevant in cases where damages are contested or need further substantiation.

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