Legal Question in Civil Litigation in California

Hi,

I am a defendant in pro per in civil case in CA. Had to file a Motion to set aside default judgment, the hearing sheduled in 2 weeks.

Two days ago Writ of Execution was issued and today I recieved Plaintiff's attorneys' Stipulation to set aside default and Order thereon and a Memorandum in Opposition to motion to set aside default Judgment saying "Plaintiff does not oppose setting aside the default and having defendant's proposed Answer be filed within 15 days of signing of this Order by Judge.

I did send them back signed Stipulation and will file my Answer right away after Judge will sign it.

My question is- Should I respond to their Memorandum in Opposition to motion to set aside default? If yes, how should I do it?

Any help will be greatly appreciated!


Asked on 3/18/11, 6:35 pm

3 Answers from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

It does not make sense that they filed an opposition after agreeing to a stipulation. If there is a stipulation then you could rely upon it as them conceding. I don't think it is necessary to reply but if you want to then it would be safer.

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Answered on 3/18/11, 7:35 pm
Herb Fox Law Office of Herb Fox

I agree that this is not consistent. Without the benefit of seeing the pleadings, I suggest that you might consider a reply that accepts their offer, so that it is clear to the judge.

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Answered on 3/18/11, 9:55 pm
Anthony Roach Law Office of Anthony A. Roach

I'm confused by your post. Does their opposition state that they are not opposed to setting aside the default, or is that only in the stipulation?

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Answered on 3/21/11, 10:29 am


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