MOTION TO VACATE DEFAULT

Asked 10 months ago - Santa Ana, CA

Hello, I am a self represented litigant. I filed a complaint. Defendant failed to file a response. I got the default and then Defendant filed a Motion to Vacate Default. The Motion was granted and the defendant was supposed to file their answer by no later than 06/22/2013. The defendant has not filed an answer. I am not sure if I can resubmit a request for default or if I need to file a motion to dismiss the case. The trial date has been set for next year. Can anyone tell me what is my next step? please thank you.

Attorney answers (4)

  1. Antoinette Cara Liewen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Submit your Request for Default.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  2. Christian Frederick Paul

    Contributor Level 13

    1

    Lawyer agrees

    Answered . As Ms. Liewen says, seek default of the defendant, who has now failed to respond to the complaint after getting the first default set aside.

    Do not dismiss the case. That would put an end to the litigation and prevent you from getting your judgment without filing a new case, if you can.

    After default is entered, you can seek a default judgment by clerk or by court, depending on the circumstances. Good luck.

  3. Joseph Sampson Ford Jr

    Pro

    Contributor Level 11

    Answered . Do not file a motion to dismiss the case. File a Request for Default. Depending on the department/division, the judge may potentially set an Order to Show Cause (OSC) hearing re: Default if you do not file another Request for Default.

    The foregoing response is provided for general informational purposes only and is not a solicitation for business.... more
  4. Eric Burton Strongin

    Pro

    Contributor Level 12

    Answered . You need to begin anew in requesting an entry of default and then requesting a default judgment. You do not want to file a motion to dismiss your own case. Good luck!

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