California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 2 — Judgment Upon Failure to Answer, Section 587

An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff’s attorney, the affidavit shall state that fact.

No default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment.

Notes

Requires a plaintiff seeking default to file an affidavit stating that the application was mailed to the defendant’s attorney, or to the defendant at the last known address, with the mailing date, or that no address is known. No default may be entered without the affidavit; nonreceipt does not invalidate or justify setting aside judgment.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 587 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-2/section-587

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