I need to know where can I download steps and paperwork to prepare a proper order. I won a lawsuit in court but I have submitted two order per judges request to sign and both times my orders were rejected per ccp 585??

Last updated on: February 14, 2020
Its a civil case and it was won because the defendant never answered the complaint I filed. Now I was instructed to submitt order but I did it wrong?
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Greg Freeze
Greg Freeze
Port Townsend, Washington
Estate, Trust, Wills, Probate
(541) 997-7787
About
Greg Freeze is an Olympic Peninsula Attorney. As an attorney in Port Townsend, I specialize in being a general practitioner, operating with the motto, `small town law -- all issues welcome.`

CCP 585 covers the rules for a default judgment.  California Judicial Form JUD-100 is the standard form endorsed by California.  The Rutter series of practice guides are instructive.  Rutter, Cal. Practice Guide: Civ. Pro. Before Trial Ch. 5 is on point for default judgments.  The Witkin series of practice guids are also instructive.  Witkin Cal. Proc. 5th Proceedings Without Trial is on point.

To get to why your proposed order failed, you would have to post the complaint and the proposed order.  You must file proof of service.  You must have the parties names exactly matching between the complaint and the proposed order.  The practice guides cited above will point these things out, as will CCP 585.

The clerk of the court can be quite helpful, but you must be careful to couch your question not as a question of law, but as a question of the form or preference that the judge likes to see with proposed order.

Best of luck,

Greg Freeze, Attorney at Law, Licensed in California and Oregon.

04/10/2010

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