California, United States of America
The following excerpt is from Diamond Nat. Corp. v. Golden Empire Builders, Inc., 213 Cal.App.2d 283, 28 Cal.Rptr. 616 (Cal. App. 1963):
The clerk also was required, under said code section, to enter default judgment against them if this is 'an action arising upon contract for the recovery of money or damages only.' What does this mean? While the language is quite broad, its meaning is necessarily limited by the fact that the clerk may act ministerially only; he does not possess, and therefore may not exercise, judicial powers. He may not perform acts requiring the exercise of a judicial discretion. Therefore it is settled that the code provision must be limited to apply 'to contracts which provide for some definite fixed amount of damages ascertainable from the contract sued on or from the terms of which a certain computation or calculation may be made by the clerk.' (Landwehr v. Gillette, 174 Cal. 654, 657, 163 P. 1018, 1019.)
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