Recent content by iamHankster

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    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    This is the demurrer filing date and hearing date for motion The state is California. --- SEE topic # 5, above. It explains, "I filed a request for entry of default." The default department clerk rejected it due to the demurrer filing; that is how I found out about the demurrer, with which I...
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    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    Clerk rejected request for entry of default: surprise responsive pleading. Hi, 1. I filed a request for entry of default. The clerk, in the default department, processed and rejected my request for entry of default. I later spoke to her. She explained that the rejection was because defendant...
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    Slightly mispelled name of person served w/ summons and complaint. Fatal error?

    Long ago,I tried to contact server, but he had since moved and was unlocatable First of all, I had to choose among what I regarded as seemingly inconsistent forum replies to my questions. Ultimately, I chose to have the server fill out another proof of service (POS), as it was certainly the...
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    Slightly mispelled name of person served w/ summons and complaint. Fatal error?

    I filed Request for Dismissal, but clerk marked it "Received". When can re-file it? As I have received conflicting responses, I finally told Default Department clerk not to bother with processing my Request for Entry of Default. I then filed a Request for Dismissal—to play it safe. I...
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    Slightly mispelled name of person served w/ summons and complaint. Fatal error?

    Hi mightymouse, Do you remember your response to my post of 04-03-2012 entitled “Slightly mispelled name of person served w/ summons and complaint. Fatal error? “ You replied, “Do nothing. You have no problem.” For example, instead of correctly listing the name of “Ann Smith”, the name of...
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    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    I began my prayer for relief with the following line: “WHEREFORE, Plaintiff prays for judgment against Defendant for the sum of $6,000.00 for general and specific damages, as well as interest and costs of suit, including, but not limited to: …” I have decided to ultimately seek the following...
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    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    fredrikklaw. Wow! I really appreciate such a clear and concise response to my questions. I had not anticipated an overview and analysis that was so thorough. (Simply remarkable!) I will indeed digest and incorporate your recommendations into my next steps. Thank you ever so much, iamHankster
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    Request for Entry of Default + Statement of Damages: Proper way to itemize amounts?

    Hi, In California, I plan to file a request for entry for default. I already served defendant with a Statement of Damages. I was confused as to how I should account for the general damages specified in complaint when I itemize the various amounts in the Statement of Damages and the Request for...
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    Seeking a default judgment: Too late to serve defendant with a Statement of Damages?

    4. Can I still obtain default judgement notwithstanding the fact that I concluded each relief sought with "... in an amount according to proof"? 5. If I do get to the default stage, would if be wiser to forgo punitive damages, and simply request general damages as sought in body of my...
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    Seeking a default judgment: Too late to serve defendant with a Statement of Damages?

    I had the defendant served with the summons and complaint. The 30 days for the defendant to serve and file a responsive pleading will expire by the end of this week. If he does not file an answer or a demurrer by that time, I want to file an application for an entry of default and also obtain a...
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    Should I file blank court order form with Notice of Motion to Deem RFAs Admitted?

    Hi, I had served on opposing party two discovery-related notifications: Notice of Motion to Compel Responses to and Production of Documents as well as Notice of Motion to Deem Requests for Admissions Admitted. I had previously scheduled a hearing date in the appropriate court department...
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    Slightly mispelled name of person served w/ summons and complaint. Fatal error?

    Hi, I am the plaintiff in a tort case. I filed a summons and complaint with the court recently. A few days ago, someone served the defendant with the summons and complaint. Today, I filed the completed proof of service. This evening, I was glancing at the proof of service, i.e., Proof of...
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    Plaintiff landlord did not respond to my Request for Admissions

    Additional questions 5. I assume that I include the following with my motion: a. Declaration b. Point and Authorities c. Copy of Request for Admissions (and proof of service) d. Copy of Demand for Inspection and Copying of Documents (and proof of service) e. Along...
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    Plaintiff landlord did not respond to my Request for Admissions

    Hi, I am defendant in unlawful detainer case. Before I filed my answer to the complaint, I had the landlord properly served, within a timely manner, with Request for Admissions and also Demand for Production of Documents. The landlord refused to comply with any of my discovery requests...
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