Legal Question in Civil Litigation in California
If a demurrer is filed in response to a complaint in which a hearing was never
held, and it has been two months since the demurrer was filed, can you file for default judgment? and would the grounds be no answer? A hearing was scheduled supposedly but never took place.
2 Answers from Attorneys
This sounds bizarre. Do you know why the hearing never took place? If there is no hearing, you can file your request for default, at the very least, and see whether the court accepts it. If it does, then you can file your application for default judgment. Don't forget to serve upon the defendant your request for entry of default.
This question does beg the question why the hearing never took place. Was it continued to a new date? Did you or someone representing you appear on the date of the scheduled hearing? If so, what happened?
In any event, even if you were able to get a default, the defendant would easily be able to get it vacated. You should contact the defendant (or his or her attorney) and get things straightened out. Lawsuits are not "gotcha" games, and most judges won't approve of such an approach.
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