California Code Of Civil Procedure: Case Study
• What is the time frame for replying in your state?
In light of the California Code of Civil Procedure, rule 412.20, a timely response to a summons and complaint would be 30 days after the date you were served the papers, to file a response or answer statement with the court. Although, if you were served by substituted service, then you will have an additional 10 days to file a response with the court, but it requires proof of service by the plaintiff that says that defendant was served by substituted service and not personally served.
• What happens in the event of default?
Under the California Code of Civil Procedure § 585 a judgment may be had, if the defendant fails to answer the complaint, but first requirements must be met and that means the plaintiff must have: …show more content…
• The defendant’s 30 days expired;
• Defendant failed to file a responsive pleading to the complaint; •
• Defendant must be served with a statement of damages and that’s because the law requires that the plaintiff inform the defendant of the specific monetary damages sought before a default can be taken.
After all of the requirements have been met, which means that the defendant was served the summons, complaint, statement of damages, and failed to respond on time. The plaintiff then has according to the California Rules of the Court § 3.110(g), 10 days after the time limit for service has elapsed for entering a default. Otherwise the court may enter an Order to show Cause why sanctions should not be imposed (id.)
An application of Entry of default must be filed by plaintiff, which encompasses a request to entry default form; Proof of Service of Summons; Statement of damages and Proof of Service of Statement of Damages. [CCP § 425.11]
• Which motions would you file, and why, if the opposing party
In light of the California Code of Civil Procedure, rule 412.20, a timely response to a summons and complaint would be 30 days after the date you were served the papers, to file a response or answer statement with the court. Although, if you were served by substituted service, then you will have an additional 10 days to file a response with the court, but it requires proof of service by the plaintiff that says that defendant was served by substituted service and not personally served.
• What happens in the event of default?
Under the California Code of Civil Procedure § 585 a judgment may be had, if the defendant fails to answer the complaint, but first requirements must be met and that means the plaintiff must have: …show more content…
• The defendant’s 30 days expired;
• Defendant failed to file a responsive pleading to the complaint; •
• Defendant must be served with a statement of damages and that’s because the law requires that the plaintiff inform the defendant of the specific monetary damages sought before a default can be taken.
After all of the requirements have been met, which means that the defendant was served the summons, complaint, statement of damages, and failed to respond on time. The plaintiff then has according to the California Rules of the Court § 3.110(g), 10 days after the time limit for service has elapsed for entering a default. Otherwise the court may enter an Order to show Cause why sanctions should not be imposed (id.)
An application of Entry of default must be filed by plaintiff, which encompasses a request to entry default form; Proof of Service of Summons; Statement of damages and Proof of Service of Statement of Damages. [CCP § 425.11]
• Which motions would you file, and why, if the opposing party