Legal Question in Civil Litigation in California

Re: Default

Are you sure the clerk filed their answer? If you had already filed a default then the clerk should have rejected the answer; the defendants would then have to move to set aside the default. If the clerk mistakenly filed an answer that should have been rejected, you can move to strike it as untimely.

Keep in mind, though, that the defendants can move to set aside the default and will probably succeed. Courts don't like to enter judgments by default when a party is available to defend himself; if these defendants have a halfway decent explanation for being late the court will probably set the default aside and allow them to defend themselves.

Re: Default

A motion to strike may be granted, to which the defendent would file a motion to set asside default, which probably also would be granted. Get representation immediately so there is time to prepare for trial. Call me directly at (619) 222-3504.

Re: Default

Unless they filed a motion to set aside default, it technically is too late, although courts generally will want to have a case decided on the merits, rather than for technical reasons. Since there are two remaining "live" defendants, what would be the harm to set aside the defaults by stipulating with the attorneys for the other side(s)? That way, you can have the whole case decided at once.

Re: Default

You can file a Motion to Stirke the Answer as untimely. The Clerk probably should have rejected the answer. We can help you in this litigation. For consultation and review of your documents, please contact our office at 714 363 0220.