Hello, I would like to know upon " judgment after default" has been entered against a defendant (answer was stricken) What type of responsive document need to be attached to a Notice of Motion and Motion to set aside default and judgement. Do I file a new answer? or ask the court to stricken the previous asnwers?
Answer
It would probably be best to attach a proposed new answer. Of course, it depends on why the answer was stricken in the first place. It might have been stricken as a sanction for not responding to discovery (interrogatories, document demands) after several notices. Or, the answer might have been stricken because you did not appear for trial. You would need to address these deficiencies in your motion and explain the reasons the court should grant you relief pursuant to Code of Civil Procedure section 473.
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