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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...

The defendant filed demurrer on June 21, 2012.

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...

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...

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...

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...

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...

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

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...

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...

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...

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...

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...

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...

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...

I legally purchased music and movie files for my own personal use. I am in the process of re-downloading certain ones. I have had many of them for quite some time. I am not sure if I can indeed still download others or even if they are still available. However, it is quite a tedious and...

Hi, I want to sue my roommate, in Los Angeles Superior Court, for damages under negligence and alternately intentional tort. I plan to seek both actual and punitive damages. My roommate does acknowledge his wrongdoing; however he is only willing to pay a token amount as compensation. (Yes, I...