Is a failure to timely file an amended complaint a default?
California, United States of America
The following excerpt is from Pagarigan v. Aetna U.S. Healthcare of Cal., 158 Cal.App.4th 38, 69 Cal.Rptr.3d 627 (Cal. App. 2007):
As we have just recited, however, the trial court did not believe that the failure to timely file an amended complaint was due to mistake, inadvertence, surprise, or neglect, but was instead knowing and intentional conduct. (See Jerry's Shell v. Equilon Enterprises, supra, 134 Cal. App.4th at pp. 1073-1074, 36 Cal.Rptr.3d 637.) Designing conduct that leads to a dismissal is not akin to a default.
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