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Cali-bros -- do you have to respond to lawsuit if not all defendants served?
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Date: May 23rd, 2018 3:55 PM Author: lilac submissive azn 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: lilac submissive azn (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: lime indecent center 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: lilac submissive azn 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: Charismatic ape indian lodge 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: lilac submissive azn 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: Rose Hall 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: Contagious tripping address boiling water 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: lilac submissive azn 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: lime indecent center 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: lilac submissive azn 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: lime indecent center 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: passionate elite hominid tattoo (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: Charismatic ape indian lodge (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: lilac submissive azn 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: Contagious tripping address boiling water (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: costumed pearly mood sneaky criminal 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: lilac submissive azn 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: Charismatic ape indian lodge 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: lilac submissive azn 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: Charismatic ape indian lodge 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: ruddy electric furnace dog poop 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: costumed pearly mood sneaky criminal (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: Rose Hall 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: lilac submissive azn 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: Rose Hall 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: lilac submissive azn 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: costumed pearly mood sneaky criminal 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: rambunctious volcanic crater 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: costumed pearly mood sneaky criminal 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: Rose Hall 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: costumed pearly mood sneaky criminal 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: Rose Hall 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: Curious Burgundy Idea He Suggested Just default bro (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113705) |