Legal Question in Civil Litigation in California
I was served a law suit to myself and business (which is only me, no employees, I am a consultant), I filed an Aswer Pro Se, but California Local Rule 83.3K states that a Corporation must be represented by an attorney. I need to find an attorney in California (I reside in Texas) but need to know if I can file an Extension of Time to obtain an attorney???? Or do I send a letter to the judge asking for an extension of time so that I can obtain an attorney???
4 Answers from Attorneys
The easiest way to handle it is to call the plaintiff's attorney and explain why the corporation needs an extension for a reasonable period (usually a couple of weeks). Then, confirm your agreement in a short letter on corporate letterhead. In that way, you will avoid the plaintiff's taking the corporation's default.
Mr. Cohen is correct. That is the standard practice. Courts hate surprise defaults and are pretty much required to set them aside on a motion by the defendant. So attorneys routinely grant reasonable extensions to file an answer.
You can negotiate the time extension and confirm it in writing, or, hire an attorney and have an attorney do it. If you are interested in using my firm for your defense, you may contact me. I routinely obtain extensions in such circumstances and can do so immediately for you. You may take a look at my website for more information about my litigation defense practice.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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All the suggestions are worthwhile, but if you are sued the proper questions are, how to defend and try to avoid a judgment against you or try to negotiate an appropriate settlement. Your attorney will know how to do so. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. In the meantime, if you fell you have to contact the plaintiff attorney for extra time, do NOT discuss the case, only the extension.