Cal. Rules of Court, rule 5.402 · Chapter 14. Default Proceedings and Judgments
Request for default; forms
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Forms
No default may be entered in any proceeding unless a request has been completed on a Request to Enter Default (form FL-165) and filed by the petitioner. However, an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) are not required if the petition contains no request for support, costs, or attorney's fees. A Property Declaration (form FL-160) is not required if the petition contains no request for property.
(b) Service address required
For the purpose of completing the declaration of mailing, unless service was by publication and the address of respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.
Notes and commentary — not rule text
History
Rule 5.402 adopted effective January 1, 2013.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/five/rule5_402
- Text hash
- sha256 d97e47f1cb62c547636f7a3f603a3e955dde0d50feef8cbb6e7b74e7eb4543d1
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.