Celebrating 10 years! 2007-2017

Quick refile question

P files suit and wins default judgment D wins traverse hear cantimaginenocountry07/17/17
In California, an order vacating default would generally pro guyingorillasuit07/17/17
cantimaginenocountry (Jul 17, 2017 - 2:15 pm)

P files suit and wins default judgment
D wins traverse hearing post judgment vacating default based on improper service

Can P now re serve the same complaint in same case? Or file an amended complaint on same index no? Or must he buy another index no. and restart proceedings?

Basically how to most cheaply continue?

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guyingorillasuit (Jul 17, 2017 - 8:21 pm)

In California, an order vacating default would generally provide that the defendant has X days to file a responsive pleading. If there is no such order, I would just re-serve the original complaint, unless something has changed that requires an amendment.

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