Legal Question in Banking Law in California

I am defending myself in a foreclosure case. After I filed a Notice To Defend, I filed a Notice To Strike on the basis that the Plaintiff does not have standing. The prescribed 15 days have passed and the Plaintiff has not filed a replication. I would now like to serve the Plaintiff with a request to file their replication, after which, their failure to do so in the prescribed time would result in the Plaintiff being barred. Is it possible for you to provide me with a template or an example of the "Request for Replication"? I need the appropriate wording.

Thank you for your time.


Asked on 4/23/12, 5:34 am

1 Answer from Attorneys

You are speaking gibberish. There is no such thing as a Notice to Defend, a Notice to Strike, a "replication," or a "Request for Replication" in California foreclosure litigation. The only place that I can find that uses a "Notice to Defend" is Pennsylvania, and it is not used by a defendant. It seems to be their equivalent of our Civil Summons, which must be served with a complaint or cross-complaint in PA state courts. It has NO relevance to California cases. A "Notice to Strike" has no legal meaning I can find, outside of Union/Management labor law. There is no such thing as a "Request for Replication" in the law at all, that I can find. If you are in foreclosure, and you are this confused as to how to deal with your situation, you really need to contact a lawyer in person immediately. Otherwise, I can pretty much guarantee that you will lose your property and will be unable to do anything about it.

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Answered on 4/23/12, 12:45 pm


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