Legal Question in Real Estate Law in California

Re: complaint timed out for defendant

This is why one needs to retain legal counsel to handle legal matters. You could have filed a request for entry of default and obtained a default judgment six months ago. The lender (if properly served) only had 30 days in which to respond, however, it is up to you as the plaintiff to file and request the entry of a default and judgment. The court does very little on its own, except they will dismiss lawsuits which are not actively prosecuted. You are lucky that this wasn't dismissed to begin with. By failing to request default and judgment, you now will have to prosecute this lawsuit in earnest - something given your lack of knowledge of legal procedure - I can't recommend you try to do on your own. You need to retain litigation counsel immediately.

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Re: complaint timed out for defendant

Pursue and prosecute the case. You could have filed a default against them any time after the 30 days, but you waited too long, and they have now responded. Now you get to try to oppose the Demurrer to keep your case from being thrown out. If you have a case with merit and value, and if you get serious about getting legal help, feel free to contact me.

Re: complaint timed out for defendant

You evidently forgot to file a Request to Enter Default, something a competent lawyer would have done if you had bothered to hire one.

Re: complaint timed out for defendant

Timely file and serve an opposition to the demurrer.