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What does osc failure to appear mean

Los Angeles, CA |
Filed under: Litigation

I have a civil case against me. I was not served correctly and I was checking on the LA county superior court and the case was rescheduled for another hearing and the reason listed is OSC-Failure to Appear (2. OSC RE: failure to file default). I am not sure what this means?

Attorney Answers 3

Posted

The Court wants the plaintiff to take your default, or explain why not. Whether you think you have been served correctly or not, apparantly there is a Proof of Service filed and more than 30 days has lapsed since the service. You shoud consult a lawyer. He/she will probably advise you to file an answer or a demurrer ASAP to avoid the default. Once a default is taken, it is much more expensive and risky to file a motion to set aside the default.

Richard A. Rodgers, Esq. (805) 230-2525
rar@sd-attorneys.com
www.sdresq.com

As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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Posted

There was apparently a previous hearing (most likely an Order To Show Cause regarding proof of service of summons) that the plaintiff failed to attend. So now the court has set two Orders to Show Cause. If the plaintiff fails to appear again, the court will most likely dismiss the case. If not, then the plaintiff must demonstrate diligent efforts to take your default.

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1 comment

Asker

Posted

Thanks for the answers. These are all the previous dates from the court website: 03/18/2011 Rtn of Service of Summons & Compl Filed by Attorney for Plaintiff 02/24/2011 OSC-Failure to File Proof of Serv Filed by Clerk 12/14/2010 Notice-Case Management Conference Filed by Clerk 12/14/2010 Affidavit of Prejudice - Premptory Filed by Attorney for Plaintiff 12/08/2010 Complaint Filed Proceedings Held (Proceeding dates listed in descending order) 04/27/2011 at 08:30 am i Conference-Case Management - No appearance(s), off calendar 03/17/2011 at 08:30 am OSC-Failure to File Proof of Serv - OSC Discharged 12/14/2010 at 08:30 am in Department G Affidavit of Prejudice - Completed

Posted

I agree with the first response. If you are wrong about service, and the court finds that you were served correctly, then the plaintiff may obtain an enforceable judgment against you.

You need to consult an attorney to verify if service was correct, and to prevent any default being entered against you.

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