Legal Question in Civil Litigation in California

answer complaint

If my client was properly served with a law suit on 12/22/08 in CA superior court and of course the 30 days to respond has come and gone and no default judgment has been filed against him, can my client still respond to the law suit and countersue as well?


Asked on 2/27/09, 6:00 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: answer complaint

I don't believe you are an attorney, because a real attorney would know the difference between entry of default and a default judgment. Anytime before entry of default the defendant can answer.

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Answered on 2/27/09, 6:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: answer complaint

I share Mr. Stone's skepticism. Your question doesn't actually claim that you are an attorney (other professionals have clients, too), but it does suggest that you know (1) what constitutes valid service; (2) what has and hasn't been filed with the court; and (3) what to look out for in the court file. In other words, the question was written by someone who knows more about the law than you do. This strikes me as a homework assignment in disguise, with the word "my" substituted where it originally said "your".

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Answered on 2/27/09, 6:34 pm
Terry A. Nelson Nelson & Lawless

Re: answer complaint

If you are an attorney asking this, you should immediately stop work and read the professional practice books on civil procedure. If you're not, the client needs to hire one.

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Answered on 2/27/09, 6:51 pm

Re: answer complaint

The short answer is yes, you can file. The response could be an Answer, Demurrer, etc. If your client is intending to bring an action against the plaintiff we typically refer to that as a "cross-complaint".

If your client is a corporation or if there is a corporate defendant they cannot represent themselves but can only appear through an attorney.

Let me know if your client needs an attorney to represent them.

Caleb

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This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 2/27/09, 6:53 pm


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