QUESTION
What can I do to stop the entry of default?
Asked on Jan 27th, 2016 on Landlord and Tenant Law - California
More details to this question:
I been served summons for unlawful detainer. I answered on time but I wrote wrong case number. Today, I received entry of default from landlord lawyer. I only have one day left. I have my answer stamped by the court but the case number is wrong.
2 ANSWERS
Immediately contact the landlord's attorney and give him/her all the information. The court clerk should have checked the title of the case to see which file it should have been entered into. The lawyer probably will realize it is not worth the additional time to fight you as you could move to set aside the default under CCP 437 based upon mistake.
Answered on Feb 25th, 2016 at 10:04 AM
You can move to set aside the default on the grounds of mistake, but you'd better hurry.
Answered on Feb 25th, 2016 at 10:03 AM