How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12133
Experience:  JD, MBA
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I need help deciphering the complaint below filed in LA Superior

This answer was rated:

I need help deciphering the complaint below filed in LA Superior Court. I have yet to be served as of 8/31/13.

I don't understand the "ORDER TO SHOW CAUSE..." portion. And what does "RETURNED TO MASTER FILING CABINET" mean 16 days later?

Case Number: --------
GOTHAM COLLECTION SERVICES COR VS. (ME)
Court: Chatsworth Courthouse
Filing Date: 08/13/2013
Case Type: COLLECTIONS CASE (Limited Jurisdiction)
Status: PENDING
Future Hearings
08/08/2014 at 08:30 AM in department F43 atXXXXX, Chatsworth, CA
91311
OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT
History Information
Parties
Plaintiff: GOTHAM COLLECTION SERVICES CORP.
Attorney: HOLLINS LAW GROUP - ROBERT A HARTLEY
Defendant: (ME)
Attorney: None
Party Information
Histories ( Dates listed in descending order)
08/29/2013 CASE FILE RETURNED TO MASTER FILING CABINET.
08/13/2013 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
CHA254564100.
08/13/2013 SUMMONS ISSUED.
08/13/2013 SUMMONS FILED.
08/13/2013 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY BENNY C.
OSORIO, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT
PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING
ON 08/08/14 AT 08:30A M., IN DEPT. F43 . CERTIFICATE
OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.
Hello and thank you for allowing me the opportunity to assist you.

Q: I don't understand the "ORDER TO SHOW CAUSE..." portion.
A: In a nutshell, the plaintiff could be in trouble. The Rules require a plaintiff to obtain a default judgment against a defendant within one year of the defendant's deadline to file an Answer to the Complaint. You see, it is the plaintiff's job to file a motion for a default judgment. If the plaintiff does not, then the case just sits open doing nothing. The court doesn't like cases just pending indefinitely. Apparently, in your case, the plaintiff claimed that you were served a year ago. You may wish to visit the court to review the file to see how they supposedly served you. Depending on what you find, you could file a motion to dismiss the case for lack of service.

Q: And what does "RETURNED TO MASTER FILING CABINET" mean 16 days later?
A: That is just a record of where the physical file is located in the court. It could be in judge's chambers, or somebody could have taken it for copies, etc. In this particular case, the file is in the filing cabinet. That's all it means.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq. and other Legal Specialists are ready to help you