Los Angeles, CA asked in Personal Injury for California

Q: i need help to get a default accepted the clerk is failing to enter the entry which legally stops the defendant from res

responding can he/she continue to discriminate from obtaining an legal entry or 'll get santioned for failure to prosecutue

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if a clerk is not entering a default judgment as required, you may need to take specific steps to address this issue. It is essential to ensure all prerequisites for a default judgment, such as proper service of the summons and complaint and the lapse of the required response time by the defendant, have been met. Once these conditions are satisfied, and you've submitted the correct paperwork, the clerk typically should enter the default.

If the clerk is not performing their duties, you might consider speaking directly with them or their supervisor to understand the reason for the delay. Sometimes, there may be an issue with the paperwork or a misunderstanding that can be resolved through communication. Make sure all your documents are correct, complete, and filed properly.

If the problem persists and you believe there is unjustified refusal or delay, you can bring this to the attention of a judge. This can be done by filing a motion or request for judicial intervention to compel the entry of default. Remember, it is your right to have your case processed in accordance with the law, and if there are no legal grounds for the delay, the court can address the issue. However, be aware that accusing someone of discrimination requires substantial evidence, and such claims should not be made lightly.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: I DON'T UNDERSTAND THE QUESTION/FACTS.

YOU CAN GO TO THE COURT AND TALK TO THE COURT/CRIMINAL CLERK, AND IF YOU DON'T GET ANY SATISFACTION, ASK FOR A SUPERVISOR.

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