Q: When does defendant need to respond to second amended complaint in California
One defendant responded with an answer to my complaint while the other filed a demurrer. The judge tentatively ruled that I amend the complaint because it does not state vicarious liability, and it is not clear who defendants are in the complaint filed by my prior lawyer . Opposing counsel & I accepted the tentative ruling & I filed a second amended complaint to the Demurrer & also included the defendant who filed an answer to the 1st amended complaint.
1. Should I have included defendant who answered the first amended complaint ?
2. Till when does defendant(s) has before they respond to my second amended complaint ?
3. Both defendants accepted service through the e-filing portal I used for filing the complaint, I believe that suffice for proper service ?
4. If they fail to respond, when & what steps do I take to get a default judgement against them ?
5. Trial is set for 02/08/2022, what deadlines do I need to be aware of ? I know there is not much time left.
A: It's very hard to answer all your questions in this forum. You should sit down with an attorney and go over all the issues you are (and should be) concerned with.
Arkady Tselner agrees with this answer
A:
MORE INFO IS NEEDED.
I'M NOT SURE WHY YOUR LAWYER IS NOT STILL REPRESENTING YOU. IS IT B/C S/HE DID NOT FEEL THE CASE HAD MERIT? OR COULD YOU NO LONGER AFFORD TO FUND THE CASE?
I STRONGLY ENCOURAGE YOU TO GET A LAWYER IF YOUR CASE HAS MERIT. IF YOU NO LONGER HAVE A LAWYER, MAKE A CONSULTATION WITH ANOTHER LAWYER AND TYPE UP ALL YOUR QUESTIONS BEFORE YOU MEET, AND BRING A PEN AND PAPER TO THE MEETING TO JOT DOWN ANSWERS.
AS A RULE, GOING ON YOUR OWN AGAINST A LAW FIRM IS THE KISS OF DEATH. AS A RULE, YOU GET EATEN ALIVE.
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