When may a clerk sign and enter a judgment for a defaulted defendant?

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 may sign and enter a judgment for a defaulted defendant when the plaintiff claims a sum certain and the defendant is competent. This means that if the plaintiff has filed a claim for a specific amount of money and the defendant has failed to respond or appear in court, the clerk can enter a default judgment without the need for a formal hearing. The requirement of a "sum certain" aligns with the principle that the damages must be definite and calculable, allowing the clerk to easily determine the appropriate amount to award to the plaintiff.

In contrast, if the claim involves a disputed amount, or if the default resulted from the defendant's negligence or in situations where the defendant has legal representation, these would typically require additional judicial involvement to assess the merits of the case or the circumstances of the default. For example, option B introduces a scenario where the default is claimed to be due to negligence, which would not automatically entitled the plaintiff to a judgment without ensuring the default's legitimacy. Similarly, in option C, disputed amounts necessitate the court's evaluation to settle the disagreement, whereas option D does not inherently affect the ability to enter a default judgment, as the conditions surrounding the entry of judgments focus more on whether the sum is certain and the defendant's response rather

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy