"Hearing Re: osc re: dismissal of any party not at issue"
This verbiage appears on our minute order in an adverse possession case. We'd asked to serve heirs and devises by publication (on Craigslist) and the application was denied. Had a 5/25 CMC that was moved up two months.
The one living defendant (the benefactor of a quitclaim) never filed a response after being personally served by the sheriff.
We want to file for default but have no idea what this notation on the minute order means. Any help would be great. Maybe it's time to hire an attorney.
That probably means that the court is going to dismiss all parties that have not been served and not appeared. That could have serious consequences for your ability to obtain title to the property. That is an educated guess however, since I don't know anything about your case.
Yes, now would be a good time for you to get an attorney. Adverse possession cases are complex.
It seems as if the Court is going to dismiss all parties who have not yet been served or appeared or been defaulted by that date. Given that you have an adverse possession case, and you are presumably trying to quiet title in your name, this could have disastrous implications for your case. You do need to get an attorney on this right away. Without all the necessary parties, you will not be able to get title to the property.
This means that you must either serve the remaining defendants or dismiss all the defendants who have not been served. Otherwise you will get sanctioned for delaying the case.
In the meantime, you can enter the default of any served defendant that has not filed a timely response.
I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
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