Legal Question in Real Estate Law in California
When Demurrer or Answer was not served
What can i a plaintiff do when the defendant's attorney filed a demurrer without a proof of service and the court order it off calendar? I will ask for court permission to redraft the complain (this is the second amended) but i would like to know what else i can do regarding the late answer from defendant side.
For motion to expunge the lis pendens, i did not oppose. And the tentative ruling granted the attorney fee for defendant's attorney because i did not have a real property claim (i did not file it properly). At the hearing, will the judge listen to my verbal argument for the real property claim with the evidence i declared earlier and served? Is there any chance i will not pay the attorney fee? Thanks so much for all the help. Appreciate it big time.
2 Answers from Attorneys
Re: When Demurrer or Answer was not served
Am I to assume that the matter was taken off calendar for the failure to serve you, then you need not do anything. The demurrer is moot as if it was never filed.
Re: When Demurrer or Answer was not served
The lawsuit which you brought might require the assistance of an attorney.
If the other side has not answered, you can file a request for entry of default. I'm not certain what else you're looking for. If they answered late but answered, you could mention it at some later point but it will be meaningless.
You might argue at the lis pendens hearing that you were clueless and made a mistake (or something similar), or plead poverty to try to avoid monetary sanctions. However, you might not get much sympathy unless the judge feels moved by the holiday season.
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