Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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1.
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In California state court, the
defendant has how many days from the effective date of service to respond to a
complaint?
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2.
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In order to prevent the
defendant from filing a late response to a complaint, the plaintiff should file
a:
a. | Stop notice | b. | Default judgment | c. | Statement of
Damages | d. | Request for entry of
default |
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3.
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The last day to request entry of default before sanctions
may issue is:
a. | 45 days after the effective date of service of the summons and
complaint | b. | 10 days after the defendant’s response to the complaint was
due | c. | 60 days after the Complaint was filed
| d. | None of the above |
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4.
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The plaintiff may be
sanctioned for:
a. | Waiting too long to request entry of
default | b. | Seeking default judgment
too soon after requesting entry of default | c. | Seeking default judgment
from the clerk instead of the court | d. | All of the
above | e. | None of the above |
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5.
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Default judgment may not be entered
against:
a. | Government officials | b. | Defendants served by publication | c. | Defendants in the
military | d. | Cross-defendants |
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6.
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A default judgment in a personal injury
case:
a. | May not be granted unless a Statement of Damages has been served
on the defendant | b. | May not be granted by the
court clerk | c. | May require a prove-up
hearing | d. | May be overturned based on lack of notice within two years of the
default judgment, or 180 days after the notice of entry of default. | e. | All of the above |
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7.
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Which of the following would not be a ground for refusing to
grant default judgment?
a. | The declaration of non-military status is not
current. | b. | A default checklist does not accompany the request for entry of
default judgment. | c. | Default judgment is sought
against less than all of the named defendants. | d. | A breach of contract case
with no proof of service of Statement of Damages. | e. | All of the above. |
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