What to do if I failed to file a response to a complaint and I also failed to answer admissions?
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What to do if I failed to file a response to a complaint and I also failed to answer admissions?
No default judgment was entered against me and trial has been set. I would like to file an answer and withdraw the admission “entered as admitted”. I would like to file a motion for leave to answer the complaint, a motion to withdraw deemed admissions and a cross complaint. Should I file all of these at the same time or should I file one at a time?
Asked on April 2, 2013 under Business Law, California
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
You don't need a motion for leave to answer. In California, if no default has been entered (default must be entered before a 'default judgment' can be issued), you can simply file your answer.
When you failed to respond to the complaint, the allegations in the complaint were deemed admitted. By filing an answer that denies the allegations of the complaint, you will also withdraw those deemed admissions. You do not need a separate motion to withdraw deemed admissions.
You should file the cross-complaint at the same time as the answer. If you do it later, you will need a motion for leave to file the cross-complaint.
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