I'm a plaintiff in an action against 3 defendants. 1 defendant settled the case and 2 defendants have defaulted on the service of complaint. I'm in the process of filing an entry of default but the trial date is approaching in few weeks. Do I need to dismiss the entire action before the trial?
Personal Injury Lawyer
By "2 defendants have defaulted on the service of complaint," do you mean that they were properly served with the summons & complaint, and failed to file an answer within 30 days of that service? If so, then, continue with your request for entry of default against both defendants--HOWEVER, do not dismiss the entire action. By filing a request for dismissal of the entire action, before having judgment entered, you are telling the court that there are not issues left for the court. (Know what I mean?) Also, once your request for default is entered, then you would file a request for entry of default judgment by court. I hope this helps.