Well, there are four plaintiffs, and we were injured in a car accident where we were hit from behind in traffic at considerable force. The driver was an employee of a housing authority, and a police report was made. We tried negotiating for a couple months with the entity, but they suddenly stopped communicating after saying there were getting authority from the board to settle. We then filed complaint and summons, all proper and ina timely manner. Yes, one of the defendants is a public entity, and the other is their employee, so all notice of claim requirements were met pursuant to Government code requirements. The housing authority has NEVER responded to anything. It has been three months since the answer was due; no responsive pleading or appearance by either defendant. We served the statement of damages one month ago, and filed it.
We are now requesting default to be entered against both defendants, and a court judgment [doesn't qualify for clerk judgment] agains the housing authority for our general and special damages.
We were told that we needed to file the JUD-100 along with CIV 100 and MC-030 [declarations], to get a court judgment. I am confused, though, because CIV 100 looks like it needs to be completed by the court. My main question was whether each plaintiff needs to file a separate CIV 100, or can it be cumulative, given that the complaint named all four of us as plaintiffs?
The default process is a bit tricky, it seems.
Thanks for any help/guidance.
NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).