Sousa v. Capital Co

In Sousa v. Capital Co. (1963) 220 Cal. App. 2d 744, the trial court sustained a demurrer with leave to amend. (220 Cal.App.2d. at p. 747.) When plaintiffs failed to amend within the given time, the clerk entered plaintiffs' default without providing notice to plaintiffs, and the court dismissed the action. (Id. at pp. 747-748.) The appellate court concluded that, although the clerk was not authorized to enter plaintiffs' default in that situation, the court's dismissal of the action was proper. (Id. at p. 755.) "The court had the power to enforce its order by dismissing when plaintiffs did not, in effect, comply with the terms upon which the court granted plaintiffs permission to amend." (Ibid.)