Prove Up Hearing In California

Civil default judgments pursuant to Code of Civil Procedure section 585 often do require a "prove-up" hearing. Where the default falls within the parameters of Code of Civil Procedure section 585, subdivision (b) that is, actions other than those "arising upon contract or judgment for the recovery of money or damages" (Code Civ. Proc., 585, subd. (a)) a "prove-up" hearing is held, at which "the court shall hear the evidence offered by the plaintiff and shall render judgment in his or her favor for such sum (not exceeding the amount stated in the complaint . . .), as appears by such evidence to be just." (Code Civ. Proc., 585, subd. (b). The absence of this language from the subsequently enacted former section 11355 suggests a purposeful decision not to require it here. (See People v. Motor City Hosp. and Surgical Supply, Inc. (1997) 227 Mich.App. 209 [575 N.W.2d 95] [when construing a statute, the court may not assume the Legislature inadvertently omitted from one statute language it placed in another statute].)