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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: Exhilarant site 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: Exhilarant site (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: cerise fighting gas station immigrant 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: Exhilarant site 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: Amethyst Abode 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: Exhilarant site 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: Infuriating duck-like menage 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: embarrassed to the bone volcanic crater 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: Exhilarant site 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: cerise fighting gas station immigrant 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: Exhilarant site 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: cerise fighting gas station immigrant 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: 180 location (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: Amethyst Abode (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: Exhilarant site 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: embarrassed to the bone volcanic crater (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: Outnumbered free-loading patrolman generalized bond 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: Exhilarant site 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: Amethyst Abode 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: Exhilarant site 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: Amethyst Abode 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: Supple ungodly kitchen 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: Outnumbered free-loading patrolman generalized bond (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: Infuriating duck-like menage 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: Exhilarant site 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: Infuriating duck-like menage 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: Exhilarant site 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: Outnumbered free-loading patrolman generalized bond 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: hideous range idea he suggested 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: Outnumbered free-loading patrolman generalized bond 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: Infuriating duck-like menage 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: Outnumbered free-loading patrolman generalized bond 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: Infuriating duck-like menage 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: talented territorial stage gay wizard Just default bro (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113705) |