Legal Question in Civil Rights Law in California

Hi,

Defendants demurrer was overruled, and court gave them 20 days to answer. Defendant filed denial of each and every allegation which i argued is not sufficient. I requested the court to enter default because defendant's denial is not sufficient. I have contended my pleadings are undisputed. Court is not entering default. Judge didn't give ruling document. How do i convince court to enter default ? Why court is not entering default?


Asked on 11/27/14, 10:02 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

A default may only be entered, generally, when the defendant has not filed a responsive pleading. Since the defendant in your case had answered with denials, that is sufficient to put the case at issue. If there exist no triable issues of material fact, you could file a motion for summary judgment. However, it might be wise to do discovery before filing this motion because you don't know what facts and/or evidence the defendant has that might convince the court to deny this motion and set the case moving toward trial. Also, since you already have made a procedural misstep, you should consider retaining an attorney to get the job done correctly.

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Answered on 11/27/14, 11:15 am


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