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LBTN Chapter 2 - "Filing and Service" 
 
This chapter of Litigation By The NumbersŪ ("LBTN"),  covers:
  • Filing and serving documents throughout the case by the allowable methods:  by hand delivery, by mail, by fax, and electronically. 
  • It sets forth the extensions of time associated with all methods other than hand delivery. 
  • It alerts the reader to the fact that circumstances might not allow the use of a particular method at any given time (either because the method has not been agreed upon by the parties, as is the case with fax and electronic service), or because the applicable extension of time interferes with a deadline. 
  • Finally, it contains a 10-page step-by-step calendaring section, which explains every step from identifying the triggering event, to identifying the current codes and rules, where to start counting, where to stop, whether to count calendar days or court days, what to do when you land on a holiday, how to calendar hearing-related deadlines, particularly in light of new C.C.P. Section 12c.   
 
This topic is not discussed in California Civil Litigation and Discovery.
 
 
LBTN Chapter 3 - "Default By Defendant" 
 
This chapter of LBTN deals with the steps which must be taken by the plaintiff in the event that the defendant does not respond to the complaint within the required 30 days from service.  It includes:
  • Preparation of the mandatory Judicial Council form Request to Enter Default, which cuts off the defendant's ability to file a late response, and the deadline by which the plaintiff must do so or face sanctions.
  • The deadline by which the plaintiff must obtain default judgment or face sanctions. 
  • An explanation of when default judgment may be granted by the clerk and when it may only be granted by the court, and the procedures for each.
  • Preparation of the optional Judicial Council form Judgment.         
 
This topic is addressed in the Substantive Companion; additional information includes the maximum amount that can be sought, and the grounds for setting aside a default judgment. 
See more excerpts:
 
Chapter 5 - Discovery
Chapter 6 - Motions
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