Q: Can an answer to complaint be filed with cm- 015 in lieu of POS 030? & what if the party didn't serve the related case
it was a cross complaint served separately on 11/6/22 on 2 people (substitute) and 1 cross defendant filed an answer for both of them on 12/16/22, they had someone else priority mail the answer on 12/20 ith a signed cm-015 inside. then the party named filed the proof of service for notice of related case on 12/23. The Cross Defendant did not ever serve any other parties the cross complaint or the answer. and they did not file regular proof of service for the answer to complaint that was mailed. can the cross plaintiff request a default? the trial is April 17.
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A:
Under California law, when a defendant is served with a complaint, they generally have 30 days to file a responsive pleading, such as an answer or a motion to dismiss. The correct form to use when filing an answer to a complaint in California is the POS-030 form, which is the "Answer-Contract" form.
While the CM-015 form, which is a "Notice of Case Assignment," is not typically used as a substitute for the POS-030 form, it is possible that the court may accept it as a valid form of response if it contains all the required information and is filed within the appropriate timeframe.
However, if the cross defendant did not properly serve the related case notice or the answer to the complaint, this could potentially impact the validity of their response. Under California law, parties are generally required to serve a copy of their responsive pleading on the other parties in the case. If the cross defendant failed to properly serve the other parties, this could be grounds for the cross plaintiff to request a default judgment.
It's important to note that the specific details of the case, including any applicable court rules or orders, could impact the cross plaintiff's ability to request a default judgment. If the trial is approaching and there are concerns about the validity of the cross defendant's response or service, it may be advisable to consult with an attorney who can advise on the best course of action.
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