There are two defendants (both are friends). One was personally served & filed a response. The other is evading service so he was substitute served & has not filed a response. What happens to that defendant if he does not only not file a response, but not attend the CMC? Can I get the judge to settle the case without him?
Ultimately judgment can be taken against a person served with the summons and who does not appear in court.
If the time for the non-appearing party to respond has expired, you need to request their default. The case can then proceed to trial without their participation. If you have a separate contract claims for a liquidated amount of money, then you can ask the clerk to enter a default judgment against the non-appearing party. If the amount of your claim is not liquidated (not for a specific amount), then you have to prove up your case against them at trial. See form CIV-100:
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