I am the plaintiff. Filed and served the summons and complaint on four defendants. Only one defendant filed a motion to quash. The other three defendants failed to respond, and their defaults were entered. Can I now seek default judgments against those in default? And keep the case moving forward with the fourth one? What wording do I use in my declaration in obtaining the default judgments against the three that will enable me to continue forward with the fourth? This is not a contract. I have sustained money damages only for breach of contract.
WIthout knowing the facts of the case and the liability of each of the defendants for your damages it will be hard to ascertain what will happen. There may be joint and severally liability which may provide that if each of the defendants are responsible for your damages and you may not obtain a judgment that will permit you to get unjustly enriched.
Unless you have separate claims against the defendants, you don't usually get default judgments against some the defendants and continue to litigate against the ones who appear. So usually you end up taking the defaults against the non-appearing defendants, litigate against the appearing defendants and later getting default judgments assume you win your case.
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