Celebrating 10 years! 2007-2017

Voluntary dismissal of entry of default

I spoke with Plaintiff's attorney and they voluntarily dismi meshuggah03/02/17
Was this at a hearing requiring a FOAH? Was this part of set cocolawyer03/02/17
It was a phone call informal. meshuggah03/02/17
Stipulation and order. To be on the safe side, I would provi guyingorillasuit03/02/17
Thank you for the answers!!! Appreciated! meshuggah03/05/17
meshuggah (Mar 2, 2017 - 12:53 pm)

I spoke with Plaintiff's attorney and they voluntarily dismissed the entry of default.We agreed I to do the paperwork for that. What form should I use or Notice.I'm in CA.
Thanks

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cocolawyer (Mar 2, 2017 - 3:05 pm)

Was this at a hearing requiring a FOAH? Was this part of settlement negotiations which you could simply write a Stipulation and Order setting aside the default? Need more information chap.

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meshuggah (Mar 2, 2017 - 5:23 pm)

It was a phone call informal.

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guyingorillasuit (Mar 2, 2017 - 8:22 pm)

Stipulation and order. To be on the safe side, I would provide a reason under CCP 473(b) - mutual mistake or something like that. Provide that the defendant shall file a responsive pleading within 30 days of entry of the order. If you are the defendant, use the term "responsive pleading" instead of "answer", to preserve your right to file a demurrer etc.

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meshuggah (Mar 5, 2017 - 1:40 am)

Thank you for the answers!!!

Appreciated!

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