Legal Question in Business Law in California

amending a compliant change the date of commencement?

They were filed 2 weeks apart. if i want to file a default judgment, do I have to wait from 21 days of filing the amendment or 21 days from filing the original.


Asked on 7/16/08, 3:29 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: amending a compliant change the date of commencement?

Amending a complaint re-starts the clock. I don't know what kind of suit carries a 21-day response time limit, however; 30 days is usual except in unlawful detainer suits. Furthermore, the response time clock doesn't run from the time of filing; it runds from the time a proper service of process is accomplished, and your request for entry of default and default judgment must be preceded or accompanied by the process server's proof of service. There could be some highly specialized type of proceeding in which 21 days is allowed, but not one I've ever heard of.

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Answered on 7/16/08, 11:39 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: amending a compliant change the date of commencement?

Amending a complaint re-starts the clock. I don't know what kind of suit carries a 21-day response time limit, however; 30 days is usual except in unlawful detainer suits. Furthermore, the response time clock doesn't run from the time of filing; it runds from the time a proper service of process is accomplished, and your request for entry of default and default judgment must be preceded or accompanied by the process server's proof of service. There could be some highly specialized type of proceeding in which 21 days is allowed, but not one I've ever heard of.

Read more
Answered on 7/16/08, 11:39 am


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