Does a demurrer to an answer prevent the entry of a default judgment non pro tunc?

Asked 11 months ago - San Diego, CA

Plaintiff filed a claim and entered default after the Plaintiff failed to answer. Plaintiff then tried to enter a default judgment, but it was rejected because the form was incomplete. Defendant then answered. Plaintiff demurrered to the answer. The case has proceeded for several months, there has been discovery, and a case management conference. Now, the Plaintiff seeks to enter a default judgment non pro tunc,

Is that permissible? Can a default be entered if the Plaintiff demurrered to the answer and allowed several months to pass? Thank you for your help.

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19


    Lawyer agrees

    Answered . If there is an answer there cannot be a default unless it was a cross complaint.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . Since there was a demurrer and now an answer, then no, default cannot be entered. I suspect there was a problem with the original default, because if it was entered, the demurrer and answer would never have been allowed. At this point, you are probably stuck litigating the case.
    You might want to consult with a local lawyer who can review all the documents to be sure.

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