Legal Question in Civil Litigation in California

prove up hearing

I now know why attorneys get the big bucks. I filed suit. They did not respond to properly served summons. I entered default. Going to prove-up. Problem: On 'my cause of action' it is a down-loaded form that says 'intentional tort' and I wrote a brief declaration. Is this enough or will i need to amend, reserve and hope they don't respond again.


Asked on 2/20/08, 5:54 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: prove up hearing

You will need to properly complete and serve a statement of damages before you can prove up the damages. File the proof of service along with your prove-up documents. You might even have to set aside the default and the 30-day period would have to expire before you take another default.

I don't understand what your downloaded form with declaration say. You might want to seek legal advice to assist you with proving up your case.

Read more
Answered on 2/20/08, 6:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: prove up hearing

Whether you will need try again will depend upon what you wrote in your declaration. Without knowing what it says there is no way to know whether what you wrote will suffice.

A agree with Mr. Cohen about the required statement of damages, though I note that you may have already satisfied this requirement in your complaint; if you have, you shouldn't need to do so again. As before, there is no way I can tell whether you have already done so without seeing the complaint you filed.

Read more
Answered on 2/20/08, 6:10 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California