Legal Question in Business Law in California

Re: Request for Entry of Default

You have failed to answer the complaint in time. If the default is entered, you must file a motion to vacate immediately or face judgment enforcement proceedings. Call me directly at (619) 222-3504.

Re: Request for Entry of Default

The form entitled "Request for Entry of Default" is filed by a plaintiff when a defendant has not filed an answer within the thirty-day time period following service of the Summons and Complaint. If it is true that the defendant has not filed a timely answer, then that defendant's right to contest the lawsuit will be cut off by the entry of default. If you are the defendant named in the Request for Entry of Default, then you should immediately take steps to prevent the entry of a judgment against you. You should contact a local attorney who can make sure that appropriate documents are filed on your behalf.

Re: Request for Entry of Default

The Judicial Council form you refer to has three uses, which are loosely connected but do not have the same impact on you. The use and its effect on you depends upon which box is checked.

If indeed the plaintiff here is asking for the entry of a clerk's judgment, and if indeed the clerk has accpeted the application and is processing, or has issued, a clerk's judgment, whether or not a judge has already ordered the matter referred to arbitration, you have a major, serious legal matter ahead of you to have the judgment set aside.

Even if the checked box is only the one requesting entry of default (rather than the ones requesting a clerk's or court's judgment), you must act promptly to set aside the default.

If a judge has referred the matter to arbitration, you have an excellent basis for having the judgment (or default) set aside, but you have to take fast, positive and professionally guided action at once !!!!!

Get a local lawyer to assist you, preferably one who is a strong litigator.

Re: Request for Entry of Default

You must take steps to protect yourself in the court action. Even though the case may be in the process of arbitration, there are potential negative ramifications should you not take action regarding the request for default.

Additionally, if you were sued under different names/entities, i.e., sued individually AND in corporate or company name, the arbitration may not address ALL of the defendants.

Thus, you SHOULD consult with an attorney as soon as possible. If your default has been entered with the Court you have only a limited amount of time to make a motion to vacate that default.

I would be happy to discuss this matter with you.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557