Legal Question in Administrative Law in California

Taking default

50 days have passed and one of the defendants has ignored responding to my amended complaint. The second defendant�s attorney has responded. I have sued these two defendants for thirty thousand dollars worth of damages.

Through an agency I have done an asset search and the non-complying defendant in pro per does not have more 15 thousand dollars in assets. She also makes $4,000 each month. The second defendant who is represented by an attorney has close to six hundred thousand dollars worth of assets and makes $7,000 each month.

Is it too soon for me to file a motion for default judgment against the defendant who has not responded?

If I take a default against the non-complying defendant and ask for my entire damages (I know she can not afford the entire damages), what happens to the second defendant in terms of paying for my damages?

Thank you in advance for your reply and time.


Asked on 3/22/08, 10:19 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Taking default

You should take the default now, as at some point the court will set a conference and ask why you have not taken the default.

You have not supplied enough information for me to know if it is a joint and several liability case or not [both parties responsible for all the damages]. If it is, the non-settling defendant gets a credit of the amount of the settlement actually paid as against what they might owe. So the default judgment does not reduce the damages you can claim from the other defendant. Check to see if that person might have insurance coverage; you might want to settle for a small amount to get them to testify against the other defendant.

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Answered on 3/22/08, 10:56 pm


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