How Do You Get a Default Judgment in a Chino, CA Eviction? - 951 Evictions

Quick answer: If a Chino tenant does not respond to the unlawful detainer within 10 court days of service — 15 when service was by mail or substituted methods — the landlord asks the court to enter the tenant’s default, then requests a default judgment for possession. The court issues a writ of possession, and the sheriff posts a 5-day Notice to Vacate and completes the lockout.

Default is the most common way evictions end

Contested trials get the attention, but silence decides more cases: roughly 40% of California tenants historically lost their eviction cases by default, simply by never filing a response. For a Chino landlord, that means the most likely path through court is not a dramatic hearing but a paperwork sequence — serve, wait, and move fast the moment the response window closes. Default is not automatic, though. The court does nothing on its own; the landlord must request each step, and sloppy underlying paperwork can still derail the request, because the clerk and judge review the notice, complaint, and proof of service before granting anything.

The response clock under AB 2347

AB 2347, effective January 1, 2025, rewrote the deadline in Code of Civil Procedure 1167: a tenant has 10 court days to respond after being served with the summons and complaint, with 5 additional court days when service was accomplished by mail or substituted methods rather than personal delivery. Court days exclude weekends and judicial holidays, so the real-world wait is usually around two to three calendar weeks. Mark the exact expiration date when the proof of service comes back, because requesting default even one day early gets it rejected — while every day of waiting after the deadline is free occupancy for the tenant.

The uncontested path, step by step

1. Serve the summons and complaint and file the proof of service with the court.
2. Count 10 court days — 15 if service was by mail or substituted methods — and confirm no answer, demurrer, or motion appears in the court file.
3. Request entry of default. The clerk’s entry cuts off the tenant’s right to respond.
4. Request a default judgment for possession. This is the judgment that actually ends the tenancy.
5. Obtain the writ of possession, directing the sheriff to restore the property to you.
6. Deliver the writ to the sheriff, who posts the 5-day Notice to Vacate and performs the lockout at the scheduled time. Only the sheriff may carry out the physical removal.

Possession now, money maybe later

A smart Chino landlord treats the default stage as a possession play. The judgment for possession is the urgent piece — it is what gets the writ issued and the unit back. The money side of the case, covering unpaid rent and damages, can involve additional paperwork and sometimes a judge’s review of the amounts claimed, and chasing it should never delay the possession judgment. Many landlords take possession first and pursue the monetary judgment afterward, weighing whether the tenant is collectible at all. As of late 2026, the uncontested track typically runs about 5 to 9 weeks from the first notice to the sheriff’s lockout, and defaults are precisely why that number stays low.

Chino filings and San Bernardino County logistics

Chino rentals fall under San Bernardino County Superior Court, which consolidates landlord-tenant work: limited unlawful detainer filings route through the San Bernardino, Fontana, Barstow, and Joshua Tree locations, anchored by the San Bernardino Justice Center, 247 W. Third St, San Bernardino 92415. The Rancho Cucamonga District at 8303 Haven Ave handles civil matters for the Chino, Chino Hills, and Ontario area, but landlord-tenant cases may still route through the designated filing locations, so confirm at sb-court.org before filing. Under the fee schedule effective January 1, 2026, the county’s unlawful detainer complaint fee runs from $255 for demands of $10,000 or less up to $435 for unlimited cases. Our flat-fee eviction services in Chino run this entire sequence — service, default, judgment, writ, and sheriff — without the gaps that let deadlines slip.

Frequently Asked Questions

What if the Chino tenant responds at the last minute?

Then default is off the table and the case becomes contested. You file a request to set the case for trial, which the court schedules within about 20 days under Code of Civil Procedure 1170.5. An eleventh-hour answer changes the route, not usually the destination — well-documented cases still end in possession for the landlord.

Can a tenant undo a default judgment?

Sometimes. A tenant can ask the court to set aside a default — typically by showing improper service or excusable neglect — and courts take those motions seriously when service was shaky. Airtight service and a clean proof of service are the best insurance; they make a set-aside motion an uphill climb rather than a reset button.

Does a default judgment cover the unpaid rent too?

It can, but possession and money are handled as separate pieces. The possession judgment moves fast so the writ can issue, while the monetary award may require additional paperwork and review of the amounts claimed. Most landlords secure possession first, then decide whether pursuing the money judgment is worth it.

How fast is the lockout after a default judgment in Chino?

After judgment, the court issues the writ of possession, the sheriff posts a 5-day Notice to Vacate, and the lockout follows at the scheduled time. Within the overall uncontested timeline of about 5 to 9 weeks from notice to lockout as of late 2026, the post-judgment stage is the short final stretch.

Get help with a Chino eviction

951 Evictions helps landlords across Riverside and San Bernardino counties handle the process start to finish — and defaults are where disciplined paperwork pays off most. If a Chino tenant has gone silent and the clock is running, contact us for a quote and let us carry the case to the lockout.

This article is general information for California landlords, not legal advice. For advice on a specific situation, consult a California landlord-tenant attorney.