California Code of Civil Procedure 587 – An application by a plaintiff for entry of default under subdivision …
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.
Terms Used In California Code of Civil Procedure 587
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: includes a cross-defendant. See California Code of Civil Procedure 587.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: includes a cross-complainant. See California Code of Civil Procedure 587.5
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(Amended by Stats. 1995, Ch. 796, Sec. 12. Effective January 1, 1996.)