I'm involved in a malpractice lawsuit where the judge initially granted a default in my favor because the defendant didn't show up to the CMC. Another CMC was scheduled for her to show cause as to why she did not show up. Her reasoning was for a scheduling mishap and the judge dismissed the default without taking into account that the defendant never filed an answer to the complaint (filed in April 2012), didnt show up to her deposition and refused to participate in discovery.
Do I have to fill out a pleading a motion or some type of form in order to have the judge reconsider the dismissal of the default based on these factors?
If an answer has been filed, your options are to get on with the case. If no answer has yet been filed, file your request to enter default. Your desire to set aside the dismissal of the default is the most unlikely of scenarios, since much is discretion is left to every judge in matters such as this.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
If defendant has not responded to the complaint, you can file another request to enter default. If a response has been filed and defendant did not respond to discovery your first step is to file a timely motion to compel. The judge will not reconsider his prior ruling. You have to have a present basis for entry of default or judgment.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Estate Planning Attorney
The other attorneys have given you good information. Whether the answer has been filed or not will determine how you proceed. If it has not, go ahead and file another request for default.