Legal Question in Administrative Law in California

Proof of Service

I am a Plaintiff in Pro Per. The defendant was served compaint, summons, etc. by the processed server on May 11, 07. She has caused massive water damage to my apartment unit.

She filed a response with SF Superior Court today. If I go by one calendar month, she had to file a response by June 10/11.

Despite the fact that she has filed a response today, can I file a default against her.

Thank you so much.

Frank


Asked on 6/15/07, 1:15 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Proof of Service

Any right to seek a default expired when she filed the Answer or other pleadings. Pursue your case if you have a valid one, and get legal help if you don't know how to do so effectively.

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Answered on 6/15/07, 2:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Proof of Service

No. You cannot take a default AFTER the defendant answers. A default can be taken only when (a) the 30-day response period has elapsed, and (b) the defendant has not filed a responsive paper of some kind such as an answer, demurrer or challenge to jurisdiction.

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Answered on 6/15/07, 1:26 am


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