I am a pro se plaintiff in an unlimited civil case re: wrongful termination. I attended a hearing for a demurrer and motion to strike by the defendants in the case. The Judge gave me leave to amend my complaint and granted the motions. I filed my FAC in time for the deadline given by the judge and then I had a process server mail the FAC to the attorney representing the defendants. There was no time limit given to respond on the FAC nor a new S&C. It has been over 30 days since it was mailed to the defendants and there has been no response from the defendant's attorney.
Since the Case Management Conference is a month away, should I wait for the CMC or do I file a default judgment with the court? Did I miss a step or some paperwork? Thanks
The code of civil procedure gives the time limit of 30 days in which to answer your Complaint or FAC or any complaint. Yes, try to take their default by filing a request for entry of default - you won't have time to get a default judgment.
If you intend to litigate this case pro se, I suggest getting a book or two on civil procedure - Nolo is a good publisher (see linked book below).
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
3 found this helpful