What is this form for?

This form is a request to the court to enter a default, which means asking the court to recognize that the other party has not responded to the petition. This can help the petitioner ask the court for a judgment.

Who needs to file this form?

The form is filled out by the petitioner, who is the person starting the case. It requires signatures from the petitioner's attorney or the petitioner themselves.

Does this form require a hearing?

The form includes sections for declarations and costs, but it is a request to the court to enter a default, which is a formal step in the case process.

SUR-165Mandatory

Request to Enter Default

California · Judicial Council of California · Effective July 1, 2026

This form asks the court to officially record that the other person in the case has failed to respond to a petition. If the court enters this default, the person who filed the form can ask the judge for a decision based on the signed agreement or what was asked for in the original petition.

The court describes it as: Ask the court for a decision (order) that time has ended for the other party or parties in the case to file a response to your petition. This allows you to ask the court for a judgment based on a signed agreement or, if no agreement, based on what you asked for in the petition.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Start a case
Respond
Motions
Discovery
Hearing
Judgment
After judgment
Appeal

Stage: Motions

This form is used when a party believes the other side has not filed a response to a petition related to a gestational carrier agreement.

Usually filed by the person starting the case.

Official instructions

How-to guides published by the court for this form.

Common questions

What is this form for?: This form is a request to the court to enter a default, which means asking the court to recognize that the other party has not responded to the petition. This can help the petitioner ask the court for a judgment.
Who needs to file this form?: The form is filled out by the petitioner, who is the person starting the case. It requires signatures from the petitioner's attorney or the petitioner themselves.
Does this form require a hearing?: The form includes sections for declarations and costs, but it is a request to the court to enter a default, which is a formal step in the case process.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect July 1, 2026.

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