Hello, I'm a pro se defendant in a foreclosure suit in which the Bank is suing for Quiet Title. My first motion was for an Extension of Time to file my pre-answer motion to dismiss the case as I needed time to do the research and I work full time as well.
It took 2 months for a hearing date and while I was waiting, I was able to turn in my pre-answer motion to dismiss. However the Plaintiff put in a Request for Default seven days before I was able to file my pre-answer motion to dismiss into the court.
The motion for more time was denied (which I didn’t need now anyways), but I’m worried about the default since plaintiff did file before my pre-answer was filed. Should I oppose their request, or file a motion to set aside even though the court has not granted it to them?
Thanks!SD Superior Court; Judge Yuri Hofmann; Thank you! As far as their request, it's not clear ... they did not fill out which option they are trying to get. They used CIV-100, but they didn't check an option in the heading, nor did they check option (d) or (e) under section 1, so I have no idea if they are requesting from the clerk or the judge. Also, there was no affidavit or amount filled out. I read case law that said those options are supposed to be declared or they don't satisfy - Because plaintiff did not comply with the notice requirements, the judgment is void and must be vacated. A complaint that merely prays for damages according to proof without specifying any amount cannot satisfy section 580. (Becker v. S.P.V. Construction Co., Inc) Also, I did make appearances by filing fee waivers, motions for time and this seems as proof that I was appearing to defend myself. Are any of these valid to use as an Answer and Obejctions to Plaintiff's Request for Entry of Default Judgment?