California motorcycle accident attorney advice: Filing Your Complaint

9. Allegations that support one or all of the following causes of actions:
a. Motor vehicle accident
b. General negligence
c. Cases where death has resulted (Wrongful death accident)
d. Products liability (defective product cause damages)
e. Premises liability (for instance, a slip and fall in a super market)
f. Several other causes of action as the facts may require

FILING THE COMPLAINT
The Southern California motorcycle accident attorney then files the complaint with the clerk of the court and advances a filing fee. The clerk stamps the date of filing and assigns a case number. The clerk then "conforms" one or more copies. This means a copy will, likewise bear the file stamp and case number.

ISSUING THE SUMMONS
At the same time the complaint is filed the clerk issues a summons. A copy of the summons will be attached to the complaint when it is served on the Defendant.

SERVING THE COMPLAINT
The motorcycle accident attorney later delivers the complaint to a professional process server. The process server serves the complaint personally on the Defendant(s). If personal service cannot be made after diligent attempt, other methods are used to accomplish service, such as posting, mailing, giving the complaint to a person of sufficient age at the place of residence, and publication. The method used depends upon the circumstances of the attempted service and the requirements of the court. After all Defendants are served, the original summons and proof of service (a declaration by the person serving) are filed with the court.

IT IS NOW THE DEFENDANT'S MOVE
If the Defendant is insured, he will normally turn the complaint over to his insurance company. Even where, for instance, the defendant caused a motorcycle accident, his policy will be in full effect, just like in and auto vs. auto accident. If he is not insured, he will normally retain an attorney on his own. Or he may do nothing.

WHAT HAPPENS IF THE DEFENDANT DOES NOTHING
If the Defendant does nothing, your Southern California motorcycle accident attorney will file a Request to Enter Default. This cuts off the right of the Defendant to file further pleadings with the court. He can only get back in court if he successfully makes a motion to set aside the default. Normally he must prove inadvertence, mistake or neglect. Your attorney will wait several months after filing a notice of default before he actually goes to court and seeks a default judgment against Defendant. This delay is necessary because, after sufficient time has elapsed from the filing of the request to enter default, the burden of the Defendant in setting aside the default becomes much more difficult.

As a practical matter where the Defendant does not answer the Plaintiff is frequently at a "dead end." Defendants who do not answer usually have no insurance and seldom have sufficient assets to satisfy a judgment. Further, lacking sufficient assets, they often declare bankruptcy and Plaintiff gets nothing.