4 defendants ( 2-property managing companies; 2-H.O.A.'s) filed Demurrers to my complaint, and on the day of the demurrer hearing, the judge took it under submission and ruled on them a couple days later.
But, the judge only ruled for 3 defendants, and sustained those 3 defendants' demurrers, yet the judge made no ruling on that 4th defendants' demurrer.
That 4th defendant also had a Motion To Strike concurrently with their demurrer, and the judge didn't even address that Motion To Strike, cause on the court's minute order in only has 3 defendants's demurrers listed, and the court has each of those 3 defendants identified and that their demurrers are sustained without leave to amend, and that each of 3 of them are entitled to costs.
The court also states in that minute order that the 3 defendants prepare judgments in accordance with the courts' sustainment of their demurrers.
Since the judge made no ruling on the 4th defendant, whatsoever, can I just move to enter default judgment against that 4th defendant?
or what are other alternatives that I could use in my favor?
3 Answers from Attorneys
Moving for entry of default will force the judge to make a ruling. As for the other 3 you have 60 days to file your notice of appeal from the date of notice of entry of judgment. It is unusual to grant demurrers without leave to amend at least once.
Another alternative would be to call the court clerk and ask if something is missing from the order. It may just be a clerical mistake.
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Mr. Tashjian is dabbling in an area that he appears to lack familiarity.
An order sustaining a demurrer is not appealable, and not time to appeal runs from the order sustaining the demurrer. Rather the appeal is taken from the dismissal which follows either an order sustaining a demurrer without leave to amend, or an order sustaining with leave to amend, after the plaintiff fails to amend. Thus the appeal is from the dismissal, which is treated as a judgment.
You don't request entry of default, unless the other demurrer was overruled, or you have been ordered to file an amended complaint, have filed and had an amended complaint served, and the time has run after service.
So I only agree with Mr. Laurie's response.
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