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Cali-bros -- do you have to respond to lawsuit if not all defendants served?
Poast new message in this thread
Date: May 23rd, 2018 3:55 PM Author: Histrionic confused degenerate Eg. There are two defendants, Bob and Bill.
Bob is served on January 1.
Bill is never properly served.
Does Bob still need to file his answer by January 31? Or can he wait until 30 days from when Bill also gets served?
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Date: May 23rd, 2018 4:06 PM Author: Histrionic confused degenerate (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113467) |
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Date: May 23rd, 2018 4:07 PM Author: Transparent trip senate file an answer (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113475) |
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Date: May 23rd, 2018 4:09 PM Author: Histrionic confused degenerate Does not clearly answer my question. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113483) |
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Date: May 23rd, 2018 4:16 PM Author: Pungent mexican jewess The answer is yes. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113524) |
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Date: May 23rd, 2018 4:18 PM Author: Histrionic confused degenerate I asked three questions. One in the title and two in the poast. Which one is the answer "yes" to? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113535) |
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Date: May 23rd, 2018 4:27 PM Author: Amber boyish hunting ground You dare question "I Listen to Porn Podcasts" legal judgment?! (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113622) |
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Date: May 23rd, 2018 4:25 PM Author: misanthropic headpube personal credit line File a pre answer motion to dismiss not an answer
Though not a Calimo |
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Date: May 23rd, 2018 4:14 PM Author: Histrionic confused degenerate Really shocking how the Cali Rules of Court are vague enough that I have to actually ask this question. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113516) |
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Date: May 23rd, 2018 4:17 PM Author: Transparent trip senate they assume that someone smart enough to pass the bar is smart enough to realize that deadlines start to run from when *you* are served, not from when *someone else* is served (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113532) |
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Date: May 23rd, 2018 4:19 PM Author: Histrionic confused degenerate Why would you assume I'm a lawyer, let alone a litigator, let alone a litigator in California?
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Date: May 23rd, 2018 4:23 PM Author: Transparent trip senate only a lawyer could be this unpleasant to people trying to help him. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113576) |
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Date: May 23rd, 2018 4:24 PM Author: Wonderful theater stage regret (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113586) |
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Date: May 23rd, 2018 4:25 PM Author: Pungent mexican jewess (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113594) |
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Date: May 23rd, 2018 4:25 PM Author: Histrionic confused degenerate fair
Yes, I'm a lawyer, but not a litigator and not in Cali. I probably know more about 75% of professions than I do about litigation. I literally am more qualified to be a general practitioner physician than a litigator.
A friend asked me to look this up for him as a favor. |
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Date: May 23rd, 2018 4:25 PM Author: misanthropic headpube personal credit line (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113600) |
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Date: May 23rd, 2018 4:24 PM Author: effete stage Yes. If the other Ds do not respond, they will get defaultjudgment pwned. You should still respond
Edit: They also do not need to be served for your friend to be required to respond. If they are not served within a certain time period (check your local rules), then the judge may dismiss them from the case. |
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Date: May 23rd, 2018 4:25 PM Author: Histrionic confused degenerate God bless you sir. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113606) |
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Date: May 23rd, 2018 4:25 PM Author: Pungent mexican jewess Why is your friend being sued? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113602) |
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Date: May 23rd, 2018 4:27 PM Author: Histrionic confused degenerate Friend and his business partner are getting sued for breach of contract because they were being stubborn / greedy fucks and did not pay a vendor they use. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113625) |
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Date: May 23rd, 2018 7:56 PM Author: Pungent mexican jewess They should pay immediately. Make an offer of judgment if those are allowed in California for the full amount owed exclusive of fees. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114886) |
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Date: May 23rd, 2018 7:57 PM Author: very tactful brindle spot doctorate I’m the plaintiff attorney on this case, I’m gonna default that faggot (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114893) |
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Date: May 23rd, 2018 4:28 PM Author: effete stage (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113629) |
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Date: May 23rd, 2018 4:29 PM Author: Amber boyish hunting ground Been a while but is there a difference between an answer and motion to dismiss? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113635) |
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Date: May 23rd, 2018 4:30 PM Author: Histrionic confused degenerate Just learned that they don't even have motions to dismiss in Cali. They call them some other fake word. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113644) |
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Date: May 23rd, 2018 4:31 PM Author: Amber boyish hunting ground Demurrer? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113650) |
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Date: May 23rd, 2018 4:31 PM Author: Histrionic confused degenerate Don't know. I got my answer and will never again have to deal with California civil procedure -- thank god. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113654) |
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Date: May 23rd, 2018 4:31 PM Author: effete stage Demurrer (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113651) |
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Date: May 23rd, 2018 10:46 PM Author: violent market What kind of fag lawyer hasn't heard of a demurrer. What kind of retard is OP? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36115819) |
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Date: May 23rd, 2018 4:32 PM Author: effete stage Both of them equate to a "response" but functionally they are very different. A MTD requests a court to dismiss them from the case, whereas an answer keeps the case alive. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113659) |
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Date: May 23rd, 2018 4:36 PM Author: Amber boyish hunting ground Yeah, isn't it standard to file a MTD/demurrer as opposed to an answer in OP's situation? (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113689) |
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Date: May 23rd, 2018 4:41 PM Author: effete stage You should file a MTD if the complaint is sloppy or the allegations do not state a viable claim for relief, but otherwise answers are pretty standard. Filing an MTD for the sake of doing so is more expensive (from a billables standpoint) than just a general answer and can piss off a judge. (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113732) |
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Date: May 23rd, 2018 7:50 PM Author: Amber boyish hunting ground Tyft (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36114847) |
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Date: May 23rd, 2018 4:38 PM Author: Tantric maroon brethren brunch Just default bro (http://www.autoadmit.com/thread.php?thread_id=3984755&forum_id=2#36113705) |