What does a default judgment concerning a sum certain require regarding the defendant's status?

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 default judgment concerning a sum certain requires that the defendant must not be an infant or incompetent. This is crucial because the legal system recognizes that individuals who are minors (infants) or who are deemed mentally incompetent lack the capacity to defend themselves in court. If a defendant is an infant or has been declared incompetent, any judgment entered against them could be considered improper. The law protects these individuals from being defaulted in a legal proceeding where they may not fully understand the implications of their situation or be able to respond appropriately.

In terms of the other options, representation by counsel is not necessary to enter a default judgment; individuals can represent themselves. Notification of a hearing is important in general legal proceedings, but for a default judgment, the focus is on the defendant's status rather than the procedural aspects of notification. Finally, the requirement that a defendant must have previously responded to the claim is relevant to cases where a default is not being entered—it is specifically the failure to respond that leads to a default judgment, but does not dictate the defendant's status regarding infancy or incompetence, which is a separate legal consideration.

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