Legal Question in Civil Litigation in California

The court will not enter a default against a defendant who has already appeared in the case, even if he has yet to file an answer. That might change if the defendant actually misses the deadline for filing an answer, but in your situation I don't see it happening. That's because filing a demurrer, a motion to strike, etc. postpones the due date for the answer. Since the time in which to answer has not run out yet, he is not in default. And no, trying to get a default under these circumstances would not be "a legitimate thing to do".

I answered most of your other questions previously in response to your earlier post.

The best thing you can do for yourself is to get a lawyer, since it seems you don't have one now. You are clearly in way over your head. If you can't afford to have a lawyer represent you in court, you would at least benefit from consulting with one so you can better understand what's happening in your case and what you need to do to protect yourself.

Good luck.

If you are worried about a time limit, you do not want to file motions that merely delay the case even more. There is a state wide standard to get most cases resolved within one year of filing, not three years. Whether the clerk acted correctly or not does not matter as you can not file a motion against the clerk. You do need to at least speak with an experienced attorney to set up a game plan and know if your case is worthwhile to pursue, especially against a firm that intends to try to grind you down.

I don't think anyone is answering your question directly, although I do agree you should not do this alone.

A verified complaint in a civil case requires the answer to be verified. (Code Civ. Proc, sect. 446, subd. (a).) Additionally, an answer to a verified complaint cannot assert a general denial. (Code Civ. Proc., sect. 431.20, subd. (d).)

There are two different lines of authority for attacking an answer for failure to verify when it is required. One line of authority holds that an unverified answer to a verified complaint is an admission of every matter properly alleged in the complaint. Under this line of authority, the plaintiff then files a motion for judgment on the pleadings.

The other line of authority, which is more accepted by trial courts, but just causes delay, allows a party to file a motion to strike pursuant to Code of Civil Procedure section 435. That motion of course must be timely filed. That must be filed wihtin 10 days after service of the answer.