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From Clyde
Dismissal is mostly a discretionary issue, but the ministerial issue is that there is a default and the clerk has failed their ministerial duty to certify the default based on the Affidavit and Declaration of default appearing on the record.
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the motions to dismiss as I have stated over and over is just to give the judge an easy way out of his bind.* They will normally take the easiest way to slither.
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