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Do I still need to dismiss the entire action if remaining defendants have defaulted before trial?

Los Angeles, CA |

I'm a plaintiff in an action against 3 defendants. 1 defendant settled the case and 2 defendants have defaulted on the service of complaint. I'm in the process of filing an entry of default but the trial date is approaching in few weeks. Do I need to dismiss the entire action before the trial?

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Attorney answers 1

Posted

By "2 defendants have defaulted on the service of complaint," do you mean that they were properly served with the summons & complaint, and failed to file an answer within 30 days of that service? If so, then, continue with your request for entry of default against both defendants--HOWEVER, do not dismiss the entire action. By filing a request for dismissal of the entire action, before having judgment entered, you are telling the court that there are not issues left for the court. (Know what I mean?) Also, once your request for default is entered, then you would file a request for entry of default judgment by court. I hope this helps.

Asker

Posted

Yes, you are correct. The 2 Defendants failed to answer within 30 days of the amended complaint. I don't think I can file the default judgment by the trial date. Shall I request a continuance of the trial date only for the purpose of filing the default judgment?

Malosack Berjis

Malosack Berjis

Posted

Yes, you definitely should.