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Defendant's failure to serve answer to complaint

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MartyH

Junior Member
What is the name of your state? California

Question: If a defendant files an answer to a civil complaint with the court but fails to serve the plaintiff with the answer, can a default judgment be taken against the defendant?

Thanks.
 
Last edited:


generally, no. If the defendant continues not to serve you with documents as the lawsuit progresses, you can request that s/he be compelled to do so.
 

MartyH

Junior Member
generally, no. If the defendant continues not to serve you with documents as the lawsuit progresses, you can request that s/he be compelled to do so.
Thanks, Texas Pooh

I went to the court clerk's office and got a copy of the filed answer for myself. It was 87 pages of garbage which explains why he didn't serve me. I filed a general demurrer and motion to strike before the clock ran out and asked for a judgment on pleadings. Maybe I'll get lucky and roll him up at the hearing.
 

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