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Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
You are correct, this would be a motion for default on the amended complaint (it would be as to the entire complaint - when you filed the amended complaint and they failed to answer, the failure to answer applies to the entire amended complaint).
Unfortunately, it is unlikely that the Court will allow a default to stand if the opposing party appears and makes a motion to set aside the default (usually on grounds of "inadvertence, mistake, or excusable neglect") as most courts prefer to have matters tried on their merits. However, it is possible that the Court will view the same facts that you have - counsel appeared, was aware of the amended complaint, and yet they failed to file an answer.
You have two options. One is to simply file the motion for default and see if the other side responds. The other is to contact opposing counsel and advise them of your intent to file if they do not file a responsive pleading within a set amount of time ("meet and confer"). The second is usually preferred by the courts as they dislike hearing motions that can be decided between the parties, but you certainly have the right to make a motion to win your case on procedural grounds.
A motion for judgment on the pleadings is a motion that you would make if the other party had already filed a responsive pleading (usually an answer) but there was no way that they could possibly win based on the law (there is no factual dispute) and therefore the Court can issue a judgment based solely on the allegations in the pleadings themselves. (Usually this comes in the form of a defense, such as a statute of limitations defense that was not raised in a demurrer).
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.
Thank you, XXXXX XXXXX a couple of ques if you don't mind. I have heard that this only applies to claims that were added an not claims that are the same in the original complaint, how can I verify this? The opposing side is Farmers Insurance Company so they will respond if I inform them so I will file the motion and use this as an opportunity to settle the case instead. When I file the Motion for Default Judgment, should I give an introduction, state my argument, cite case law, anything else, do I need to file a brief? Finally, the proper motion is a motion for default because it is the procedure the same as if they did not file an answer to the original complaint?