California Proposed Judgment: Forms, Deadlines, and Default Entry

A California proposed judgment is the draft final order that one party writes up for the judge to sign at the end of a civil case. On its own it does nothing. A judgment only becomes enforceable once the judge signs it and the clerk enters it into the court record.¹ Your job as the drafter is to translate what the court actually decided into language the court will accept, on the right form, within the right deadlines.

When You Have to Prepare One

Three situations in California civil litigation routinely call for a party to draft the judgment.

After a court trial, the judge issues a tentative decision and typically orders the prevailing party to prepare both a proposed statement of decision and a proposed judgment that put the court’s findings into final form.²

After a stipulated settlement, either side can ask the court to enter judgment on the settlement terms. The court has authority to do this when the parties put their agreement in a signed writing or state it on the record.³ The proposed judgment must mirror the agreed terms exactly.

After a defendant fails to respond, the plaintiff requests entry of default and then drafts a proposed default judgment. Default has its own forms and procedural track, covered further down.

Which Form to Use

California uses standardized Judicial Council forms, and whether a form is mandatory or merely approved for use depends on the case type.

General civil cases: Form JUD-100 is approved for optional use. You don’t have to use it, but it gives judges the format they expect.⁴
Family law: Form FL-180 is mandatory for dissolution, legal separation, and annulment. A custom document won’t be accepted.⁵
Unlawful detainer (eviction): Form UD-110 is the designated judgment form, with specific attachments for habitability issues and partial evictions.⁶
Default track: start with Form CIV-100, Request for Entry of Default, which is mandatory.⁷

Using the wrong form, or skipping a mandatory one, is one of the quickest ways to get a proposed judgment rejected at the clerk’s office.

The Deadlines After a Tentative Decision

If the proposed judgment is coming out of a bench trial, several clocks start the moment the judge announces the tentative decision, and missing them can cost you control over the drafting.

The tentative decision can take several forms under California Rules of Court, rule 3.1590. The judge may declare it is the proposed statement of decision, invite objections, order a party to prepare a statement, or announce that the tentative decision becomes the statement of decision unless someone requests a more detailed one within 10 days.² If you appeared at trial and want the court to address disputed issues the tentative decision skipped, you have 10 days from the announcement or service to say so.

Once a statement of decision is called for, the party ordered to prepare it has 30 days from the announcement or service of the tentative decision to serve and submit both the proposed statement of decision and the proposed judgment.² If that deadline passes without action, any other party who appeared at trial gets a 10-day window to step in and prepare the documents, or to move the court to deem the statement of decision waived.

After the proposed judgment is served and any objections are resolved, the court must sign and file the judgment within 50 days of the tentative decision announcement, or within 10 days after a hearing on objections if one is held.²

What the Document Must Say

Formatting basics come from the general rules on court papers. The first page must carry the court name, full case title, and case number in the layout specified by rule 2.111, and pages must be consecutively numbered.⁸⁹

The substance matters more. The core of the document is the decretal language — the part that states exactly what the court is ordering. For a money judgment, that is the precise dollar amount, prejudgment interest if applicable, and who pays costs. For an injunction, it is a description of the conduct ordered or prohibited that is specific enough for the losing party to know what they must do or stop doing. Vague wording here invites post-judgment disputes.

The proposed judgment also has to identify every party affected and reference the ruling, settlement, or default it rests on. Track the court’s actual decision. Judges routinely reject drafts that overreach by adding relief the court didn’t grant, or that quietly soften an unfavorable provision.

Default Judgments

Default follows a two-step process: entry of default first, then the judgment itself. In a straightforward money case such as a breach of contract or debt, the clerk can enter the judgment directly once the default is on file, provided the amount matches what the complaint demanded.¹⁰ For other cases — personal injury, property disputes, injunctions — you need a court judgment, which means a hearing where you present evidence supporting the relief.

One rule trips up many plaintiffs: a default judgment cannot exceed what the complaint originally demanded. If the complaint asked for $25,000 and your actual damages are $40,000, the default judgment is capped at $25,000.¹¹ For a court judgment, you’ll also need a declaration setting out the facts and evidence, interest calculations, a declaration of the defendant’s non-military status, and a memorandum of costs.

Serving and Filing

Before you submit the proposed judgment, serve a copy on every other party. California law requires proof the document was delivered, typically by mail, with a completed proof of service attached to the filing.¹² That proof shows the other side had a chance to review and object before the judge saw it.

How you transmit the document to the court depends on the county. Many superior courts now accept or require electronic filing through approved portals. Some ask for an editable word-processing version alongside the PDF so the judge can make edits directly instead of sending the whole thing back. Check local rules; what works in Los Angeles may not fly in Sacramento.

Once the judge signs and the clerk enters the judgment, the entry date is what counts. Under Code of Civil Procedure section 664, a judgment has no legal effect until it is entered.¹

If You’re on the Receiving End

If the other side’s proposed judgment doesn’t accurately reflect the court’s ruling, you have 10 days after service to file written objections.² The window is short, and silence can be treated as agreement.

Effective objections point to something specific: a dollar amount that doesn’t match the court’s announced figure, a misspelled party name, an injunctive term that reaches further than what the judge ordered, a missing provision that belongs in the order. “Doesn’t seem right” goes nowhere. Some practitioners also submit their own alternative version of the judgment with the objection, so the judge has a ready-made option that reflects a different reading of the ruling. The court can hold a hearing or decide on the papers.

After Entry: Notice and the Appeal Clock

Once the clerk enters the judgment, the prevailing party should promptly serve a Notice of Entry of Judgment on form CIV-130.¹³ A party to the case cannot personally serve the notice; a non-party has to handle the service and complete the proof.¹⁴

Serving the notice starts the appeal clock. Under California Rules of Court, rule 8.104, a party generally has 60 days from service of the Notice of Entry to file a notice of appeal. If no one serves a notice, the outer deadline is 180 days from the date the judgment was entered. Miss either and the right to appeal is usually gone. This is why the winning party often serves the notice fast — it forces the losing side to decide quickly rather than leaving the case open for six months.

Collecting on a Money Judgment

Winning a money judgment and collecting on it are two different problems. One of the most powerful collection tools is the abstract of judgment, which creates a lien on any real property the losing party owns in the county where the abstract is recorded.¹⁵

You request it from the court clerk on form EJ-001. The certified abstract must include the case information, the judgment amount, the debtor’s name and last known address, the last four digits of their Social Security and driver’s license numbers if known, and whether a stay of enforcement has been ordered.¹⁶ Record it with the county recorder in any county where the debtor owns real estate; each recording creates a separate lien. Once attached, the judgment generally must be satisfied before the property can be sold or refinanced. Wage garnishments and bank levies are other options, but the abstract is often the first step because it secures your position while you pursue the rest.

1
California Legislative Information. California Code of Civil Procedure Section 664
2
Judicial Branch of California. California Rules of Court 3.1590 – Announcement of Tentative Decision, Statement of Decision, and Judgment
3
California Legislative Information. California Code of Civil Procedure Section 664.6
4
Judicial Branch of California. JUD-100 Judgment
5
Judicial Branch of California. FL-180 Judgment (Family Law)
6
Judicial Branch of California. UD-110 Judgment — Unlawful Detainer
7
Judicial Branch of California. CIV-100 Request for Entry of Default
8
Judicial Branch of California. California Rules of Court 2.111 – Format of First Page
9
Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
10
California Legislative Information. California Code of Civil Procedure Section 585
11
California Courts. How to Ask for a Default and a Default Judgment
12
California Legislative Information. California Code CCP 1013
13
California Courts Self Help Guide. Notice of Entry of Judgment or Order (CIV-130)
14
Judicial Council of California. Form CIV-130 Notice of Entry of Judgment or Order
15
California Courts. Abstract of Judgment — Civil and Small Claims (EJ-001)
16
California Legislative Information. California Code CCP 674