Legal Question in Insurance Law in California

Dear Law Guru

Well It's been a up hill battle with this thing , but today I forun out that they did not beat the 30 sancrion to answer the complaint. Instead they filed the demurr. How good is my order for default?

I filed first.


Asked on 3/04/11, 11:21 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Congratulations on winning the race to the courthouse, but they will be able to get the default set aside. When they call you and ask you to stipulate to set aside the default, say yes or you're just going to waste the judge's time.

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Answered on 3/04/11, 11:25 am

If they filed a demurrer within the 30-days that is the same as if they filed an answer, in which case your default is no good.

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Answered on 3/07/11, 1:09 pm


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