Legal Question in Family Law in California

Amended petition not served

In error I amended my petition to state that ''to be determined by written agreement between parties''. I never served the Respondent. Can I take back the amended petition and place respondent in default since he has refused to answer the orginal petition that was served? over 40 days ago?

NO kids

home owned less than 1 year

marraige 2y.1 mo

How can I get the clerk to remove the amended petition?


Asked on 11/29/00, 1:00 pm

2 Answers from Attorneys
Adam Gurley Law Offices of Adam N. Gurley

Re: Amended petition not served

Did the clerk take back the original summons from the first Petition? If not, I do not see any reason why you could not get a default from the first Petition. Why did you amend it?

Adam N. Gurley

415.334.8439

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Answered on 12/03/00, 10:33 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Amended petition not served

First, see if the clerk will enter a default on the first petition. If not, I would try filing a dismissal and stayed on the dismissal that a dismissal is to apply to the amended petition only and not the first petition. After that dismissal is filed, then try submitting your default papers.

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Answered on 12/04/00, 12:53 am


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