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Cali-bros -- do you have to respond to lawsuit if not all defendants served?

Eg. There are two defendants, Bob and Bill. Bob is serve...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
file an answer
Lavender Big Dopamine
  05/23/18
Does not clearly answer my question.
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
The answer is yes.
excitant wagecucks volcanic crater
  05/23/18
I asked three questions. One in the title and two in the poa...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
You dare question "I Listen to Porn Podcasts" lega...
Green histrionic meetinghouse
  05/23/18
File a pre answer motion to dismiss not an answer Though...
Umber market fortuitous meteor
  05/23/18
Really shocking how the Cali Rules of Court are vague enough...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
they assume that someone smart enough to pass the bar is sma...
Lavender Big Dopamine
  05/23/18
Why would you assume I'm a lawyer, let alone a litigator, le...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
only a lawyer could be this unpleasant to people trying to h...
Lavender Big Dopamine
  05/23/18
...
diverse jet-lagged community account
  05/23/18
...
excitant wagecucks volcanic crater
  05/23/18
fair Yes, I'm a lawyer, but not a litigator and not in Ca...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
...
Umber market fortuitous meteor
  05/23/18
Yes. If the other Ds do not respond, they will get defaultju...
bespoke floppy sneaky criminal stage
  05/23/18
God bless you sir.
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
Why is your friend being sued?
excitant wagecucks volcanic crater
  05/23/18
Friend and his business partner are getting sued for breach ...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
They should pay immediately. Make an offer of judgment if t...
excitant wagecucks volcanic crater
  05/23/18
I’m the plaintiff attorney on this case, I’m gonna default t...
avocado deer antler address
  05/23/18
...
bespoke floppy sneaky criminal stage
  05/23/18
Been a while but is there a difference between an answer and...
Green histrionic meetinghouse
  05/23/18
Just learned that they don't even have motions to dismiss in...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
Demurrer?
Green histrionic meetinghouse
  05/23/18
Don't know. I got my answer and will never again have to dea...
Bat Shit Crazy Rebellious Police Squad Crackhouse
  05/23/18
Demurrer
bespoke floppy sneaky criminal stage
  05/23/18
What kind of fag lawyer hasn't heard of a demurrer. What kin...
bistre kitty cat
  05/23/18
Both of them equate to a "response" but functional...
bespoke floppy sneaky criminal stage
  05/23/18
Yeah, isn't it standard to file a MTD/demurrer as opposed to...
Green histrionic meetinghouse
  05/23/18
You should file a MTD if the complaint is sloppy or the alle...
bespoke floppy sneaky criminal stage
  05/23/18
Tyft
Green histrionic meetinghouse
  05/23/18
Just default bro
Garnet garrison messiness
  05/23/18


Poast new message in this thread



Reply Favorite

Date: May 23rd, 2018 3:55 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Eg. There are two defendants, Bob and Bill.

Bob is served on January 1.

Bill is never properly served.

Does Bob still need to file his answer by January 31? Or can he wait until 30 days from when Bill also gets served?



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113399)



Reply Favorite

Date: May 23rd, 2018 4:06 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113467)



Reply Favorite

Date: May 23rd, 2018 4:07 PM
Author: Lavender Big Dopamine

file an answer

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113475)



Reply Favorite

Date: May 23rd, 2018 4:09 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Does not clearly answer my question.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113483)



Reply Favorite

Date: May 23rd, 2018 4:16 PM
Author: excitant wagecucks volcanic crater

The answer is yes.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113524)



Reply Favorite

Date: May 23rd, 2018 4:18 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

I asked three questions. One in the title and two in the poast. Which one is the answer "yes" to?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113535)



Reply Favorite

Date: May 23rd, 2018 4:27 PM
Author: Green histrionic meetinghouse

You dare question "I Listen to Porn Podcasts" legal judgment?!

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113622)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: Umber market fortuitous meteor

File a pre answer motion to dismiss not an answer

Though not a Calimo

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113596)



Reply Favorite

Date: May 23rd, 2018 4:14 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Really shocking how the Cali Rules of Court are vague enough that I have to actually ask this question.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113516)



Reply Favorite

Date: May 23rd, 2018 4:17 PM
Author: Lavender Big Dopamine

they assume that someone smart enough to pass the bar is smart enough to realize that deadlines start to run from when *you* are served, not from when *someone else* is served

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113532)



Reply Favorite

Date: May 23rd, 2018 4:19 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Why would you assume I'm a lawyer, let alone a litigator, let alone a litigator in California?



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113544)



Reply Favorite

Date: May 23rd, 2018 4:23 PM
Author: Lavender Big Dopamine

only a lawyer could be this unpleasant to people trying to help him.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113576)



Reply Favorite

Date: May 23rd, 2018 4:24 PM
Author: diverse jet-lagged community account



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113586)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: excitant wagecucks volcanic crater



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113594)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

fair

Yes, I'm a lawyer, but not a litigator and not in Cali. I probably know more about 75% of professions than I do about litigation. I literally am more qualified to be a general practitioner physician than a litigator.

A friend asked me to look this up for him as a favor.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113599)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: Umber market fortuitous meteor



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113600)



Reply Favorite

Date: May 23rd, 2018 4:24 PM
Author: bespoke floppy sneaky criminal stage

Yes. If the other Ds do not respond, they will get defaultjudgment pwned. You should still respond

Edit: They also do not need to be served for your friend to be required to respond. If they are not served within a certain time period (check your local rules), then the judge may dismiss them from the case.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113583)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

God bless you sir.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113606)



Reply Favorite

Date: May 23rd, 2018 4:25 PM
Author: excitant wagecucks volcanic crater

Why is your friend being sued?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113602)



Reply Favorite

Date: May 23rd, 2018 4:27 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Friend and his business partner are getting sued for breach of contract because they were being stubborn / greedy fucks and did not pay a vendor they use.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113625)



Reply Favorite

Date: May 23rd, 2018 7:56 PM
Author: excitant wagecucks volcanic crater

They should pay immediately. Make an offer of judgment if those are allowed in California for the full amount owed exclusive of fees.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114886)



Reply Favorite

Date: May 23rd, 2018 7:57 PM
Author: avocado deer antler address

I’m the plaintiff attorney on this case, I’m gonna default that faggot

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114893)



Reply Favorite

Date: May 23rd, 2018 4:28 PM
Author: bespoke floppy sneaky criminal stage



(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113629)



Reply Favorite

Date: May 23rd, 2018 4:29 PM
Author: Green histrionic meetinghouse

Been a while but is there a difference between an answer and motion to dismiss?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113635)



Reply Favorite

Date: May 23rd, 2018 4:30 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Just learned that they don't even have motions to dismiss in Cali. They call them some other fake word.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113644)



Reply Favorite

Date: May 23rd, 2018 4:31 PM
Author: Green histrionic meetinghouse

Demurrer?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113650)



Reply Favorite

Date: May 23rd, 2018 4:31 PM
Author: Bat Shit Crazy Rebellious Police Squad Crackhouse

Don't know. I got my answer and will never again have to deal with California civil procedure -- thank god.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113654)



Reply Favorite

Date: May 23rd, 2018 4:31 PM
Author: bespoke floppy sneaky criminal stage

Demurrer

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113651)



Reply Favorite

Date: May 23rd, 2018 10:46 PM
Author: bistre kitty cat

What kind of fag lawyer hasn't heard of a demurrer. What kind of retard is OP?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36115819)



Reply Favorite

Date: May 23rd, 2018 4:32 PM
Author: bespoke floppy sneaky criminal stage

Both of them equate to a "response" but functionally they are very different. A MTD requests a court to dismiss them from the case, whereas an answer keeps the case alive.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113659)



Reply Favorite

Date: May 23rd, 2018 4:36 PM
Author: Green histrionic meetinghouse

Yeah, isn't it standard to file a MTD/demurrer as opposed to an answer in OP's situation?

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113689)



Reply Favorite

Date: May 23rd, 2018 4:41 PM
Author: bespoke floppy sneaky criminal stage

You should file a MTD if the complaint is sloppy or the allegations do not state a viable claim for relief, but otherwise answers are pretty standard. Filing an MTD for the sake of doing so is more expensive (from a billables standpoint) than just a general answer and can piss off a judge.

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113732)



Reply Favorite

Date: May 23rd, 2018 7:50 PM
Author: Green histrionic meetinghouse

Tyft

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114847)



Reply Favorite

Date: May 23rd, 2018 4:38 PM
Author: Garnet garrison messiness

Just default bro

(http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113705)