On the day I filed my Answer I also filed a fee waiver. During the time the fee waiver was waiting approval the plaintiff filed his request for default. Both were filed the same day but the Answer was pending the fee waiver approval of the fee waiver. So can I appeal this decision?
No, you cannot appeal this. However, you can ask the other side to stipulate to set aside the default, and if they do not agree, you can file a Motion to Set Aside the Default.
Unless and until a default judgment is entered, there is nothing to appeal. The default in itself is not a judgment. If you cannot get the plaintiff to agree to set aside the default, you can make a motion for relief from default. I suggest you start by reading Code of Civil Procedure section 473(b).
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
You do not state whether the default was entered. Even if the default papers were filed, it does not mean that the default was entered, so that when the clerk checks to see if there is an answer, and there is, it is likely that the clerk will reject the default. Regardless, even if it is entered you can file a motion to set aside the default.
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