Legal Question in Legal Ethics in California

I didn't get an answer in on time, civil case went into default

I have very little experience working in a legal office, I've tried to keep up with the cases , I've got

so intensely involved into one major case, along with personal extreme problems, I didn't get a clients answer in on a civil lawsuit,and a default was filed against them.I have to file a motion to set aside default, and the answer, I have to have their answer prepared by Monday, I believe they have a counterclaim against the plaintiff, the attorney I work for has been very ill, we lost our main paralegal, I need to fix my huge mistake I've made.I need to know what to do first, especially when I need more time to prove the counterclaim?


Asked on 9/30/07, 8:05 am

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

Re: I didn't get an answer in on time, civil case went into default

If the attorney provides a mea culpa declaration to the court, i.e. showing the attorney's inadvertence, mistake, and/or neglect, the court is required to set aside the default or default judgment. Take a look at Code of Civil Procedure section 473c. The motion should attach the proposed answer and request that it be deemed filed upon granting of the motion for relief from default and default judgment (if there is one).

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Answered on 9/30/07, 1:19 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: I didn't get an answer in on time, civil case went into default

I found a comprehensive web page from the Sacramento law library, which should help.

http://www.saclaw.lib.ca.us/pages/relief-from-default.aspx

Good luck!

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Answered on 9/30/07, 2:46 pm


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