Legal Question in Real Estate Law in California

Re: removing a request for default

The easiest way is to get both sides to sign a stipulation to set aside the default, and file it with the court. Then file the notice of settlement or have the plaintiff dismiss the case. Better yet, since it's not yet turned into a judgment, have the plaintiff simply dismiss the case now.

Re: removing a request for default

Once the default is entered, even if requested by mistake, it will take a judge's order to remove the default. This happened in a case I know of; the senior attorney at the plaintiff's firm had given the defendant a two-week extension (in writing) to get his answer on file. The junior attorney (not I!) didn't know about that, and went ahead and requested the default on the 31st day after service. Whoops! They had to make an explanation to a judge, who then ordered the default expunged.

Re: removing a request for default

Yes as long as the request for entry of default has not been entered. If the default has been entered, you (or your attorney) and the plaintiff's attorney will need to sign a stipulation to set the default aside. If the plaintiff's counsel is unwilling to set the default aside, you (or your lawyer) will need to bring a motion to vacate and set aside the default on the grounds of surprise or excusable neglect (i.e. your extension and your settlement led you to believe the matter was concluded). One generally should not attempt to resolve a lawsuit where an attorney is involved without talking to the attorney.

DO NOT WAIT to see your lawyer. The longer you wait to set aside a default, the more difficult it can become. Once a default is entered, your right to participate in the lawsuit is cut-off!