If the default has been entered against any defendant, such defendant would have to either make a motion to set aside the default or alternatively, procure a stipulation to set aside the default.
Merely calling the plaintiff's attorney to ask for a dismissal of one of the defendants probably won't work, especially if you are not the attorney representing that specific defendant. But it would not hurt to ask in any event.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Did that other deft get a request to enter default mailed to them? Have they been served with the lawsuit? have they answered? Calling the Pltf atty not likely to work. Why should he dismiss? there are some reasons, but very few. if you all get an answer on file at he court immediately, it may be filed before the default gets processed. Some courts have a delay in entering the default. You might beat it.
You definitely want to have it set aside right away. You have a limited time to get this accomplished, with good cause. Probably something you should consult an attorney about, so it can be done right.