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Cali-bros -- do you have to respond to lawsuit if not all defendants served?
Poast new message in this thread
Date: May 23rd, 2018 3:55 PM Author: Navy Thirsty Field Indirect Expression 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?
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Date: May 23rd, 2018 4:06 PM Author: Navy Thirsty Field Indirect Expression (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113467) |
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Date: May 23rd, 2018 4:07 PM Author: zombie-like jet son of senegal file an answer (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113475) |
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Date: May 23rd, 2018 4:09 PM Author: Navy Thirsty Field Indirect Expression Does not clearly answer my question. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113483) |
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Date: May 23rd, 2018 4:16 PM Author: useless base The answer is yes. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113524) |
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Date: May 23rd, 2018 4:18 PM Author: Navy Thirsty Field Indirect Expression 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) |
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Date: May 23rd, 2018 4:27 PM Author: Tan Hall Messiness You dare question "I Listen to Porn Podcasts" legal judgment?! (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113622) |
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Date: May 23rd, 2018 4:25 PM Author: Big Rebellious Love Of Her Life File a pre answer motion to dismiss not an answer
Though not a Calimo |
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Date: May 23rd, 2018 4:14 PM Author: Navy Thirsty Field Indirect Expression 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) |
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Date: May 23rd, 2018 4:17 PM Author: zombie-like jet son of senegal 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) |
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Date: May 23rd, 2018 4:19 PM Author: Navy Thirsty Field Indirect Expression Why would you assume I'm a lawyer, let alone a litigator, let alone a litigator in California?
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Date: May 23rd, 2018 4:23 PM Author: zombie-like jet son of senegal 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) |
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Date: May 23rd, 2018 4:24 PM Author: Aromatic coffee pot step-uncle's house (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113586) |
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Date: May 23rd, 2018 4:25 PM Author: useless base (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113594) |
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Date: May 23rd, 2018 4:25 PM Author: Navy Thirsty Field Indirect Expression 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. |
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Date: May 23rd, 2018 4:25 PM Author: Big Rebellious Love Of Her Life (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113600) |
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Date: May 23rd, 2018 4:24 PM Author: Stirring national immigrant 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. |
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Date: May 23rd, 2018 4:25 PM Author: Navy Thirsty Field Indirect Expression God bless you sir. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113606) |
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Date: May 23rd, 2018 4:25 PM Author: useless base Why is your friend being sued? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113602) |
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Date: May 23rd, 2018 4:27 PM Author: Navy Thirsty Field Indirect Expression 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) |
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Date: May 23rd, 2018 7:56 PM Author: useless base 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) |
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Date: May 23rd, 2018 7:57 PM Author: exhilarant overrated death wish 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) |
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Date: May 23rd, 2018 4:28 PM Author: Stirring national immigrant (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113629) |
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Date: May 23rd, 2018 4:29 PM Author: Tan Hall Messiness 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) |
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Date: May 23rd, 2018 4:30 PM Author: Navy Thirsty Field Indirect Expression 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) |
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Date: May 23rd, 2018 4:31 PM Author: Tan Hall Messiness Demurrer? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113650) |
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Date: May 23rd, 2018 4:31 PM Author: Navy Thirsty Field Indirect Expression 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) |
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Date: May 23rd, 2018 4:31 PM Author: Stirring national immigrant Demurrer (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113651) |
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Date: May 23rd, 2018 10:46 PM Author: self-absorbed church mood 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) |
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Date: May 23rd, 2018 4:32 PM Author: Stirring national immigrant 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) |
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Date: May 23rd, 2018 4:36 PM Author: Tan Hall Messiness 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) |
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Date: May 23rd, 2018 4:41 PM Author: Stirring national immigrant 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) |
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Date: May 23rd, 2018 7:50 PM Author: Tan Hall Messiness Tyft (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114847) |
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Date: May 23rd, 2018 4:38 PM Author: Vivacious Roommate Just default bro (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113705) |