Legal Question in Civil Litigation in California

Re: Requirements of Defendant or Process of Cort

Court will not enter default unless requested by the party who sued you. If you have actual settlement, I recommend that write a confirming letter to plaintiffs� attorney, reciting the terms of settlement, namely the amount, the fact that you will be dismissed with prejudice and that in the meantime, no defaults will be entered against you. If settlement gets side-tracked and plaintiff decides to enter default, that letter should ensure that the default gets set aside (providing of course, that you timely move to set aside default).

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