Default Judgment Set Aside
Summary
In California, a motion to set aside a default judgment due to lack of proper notice is governed by Code of Civil Procedure Section 473. This motion is typically filed by the defendant in an unlawful detainer case, but a plaintiff may file a motion for reconsideration if procedural errors affect their rights. A motion for reconsideration differs from a motion to set aside or vacate, as it requests a review due to new evidence or legal changes. For setting aside a judgment, demonstrate lack of notice or excusable neglect. Consult a legal expert for guidance on filing these motions and ensure compliance with local court rules.Full Conversation
What is the reason for requesting a set aside of default judgement if ypu did not receive notice of the court date by mail and you were given incorrect information when you called the clerks office to inquire of your upcpming court date?
If you did not receive notice of the court date and were given incorrect information by the clerk's office, you can request to set aside a default judgment for the following reasons:
- Lack of proper notice: You were not properly informed about the court date.
- Mistake or excusable neglect: Incorrect information led to missing the court appearance.
Would you like information on how to proceed with this request?
- Lack of proper notice: You were not properly informed about the court date.
- Mistake or excusable neglect: Incorrect information led to missing the court appearance.
Would you like information on how to proceed with this request?
Can a plaintiff file this motion or is this action only for defendant in an unlawful detainer case?
In an unlawful detainer case, typically, the defendant files a motion to set aside a default judgment. However, if the plaintiff believes there was a procedural error affecting their rights, they might file a motion for reconsideration or similar. It's best to consult with a legal expert to understand the specific circumstances. Do you need guidance on contacting a local court or attorney for help?
Is a motion a reconsideration different from a motion to set aside or vacate?
Yes, a motion for reconsideration is different from a motion to set aside or vacate:
- Motion for Reconsideration: Requests the court to review its decision due to new evidence, errors, or changes in the law.
- Motion to Set Aside/Vacate: Seeks to nullify a judgment due to procedural errors, lack of notice, or excusable neglect.
Do you need more information on filing these motions?
- Motion for Reconsideration: Requests the court to review its decision due to new evidence, errors, or changes in the law.
- Motion to Set Aside/Vacate: Seeks to nullify a judgment due to procedural errors, lack of notice, or excusable neglect.
Do you need more information on filing these motions?
Yes please
Case Rating: *
In California, when filing motions related to court judgments:
- Motion for Reconsideration: California Rules of Court, Rule *.* allows for reconsideration due to new facts or law changes.
- Motion to Set Aside/Vacate: Governed by Code of Civil Procedure Section *, often due to mistake, inadvertence, or excusable neglect.
Would you like guidance on the filing process or related documentation?
In California, when filing motions related to court judgments:
- Motion for Reconsideration: California Rules of Court, Rule *.* allows for reconsideration due to new facts or law changes.
- Motion to Set Aside/Vacate: Governed by Code of Civil Procedure Section *, often due to mistake, inadvertence, or excusable neglect.
Would you like guidance on the filing process or related documentation?
Yes i think the motion to set aside/vacate applies to my situatuon.
Case Rating: *
It seems like you're dealing with a procedural issue regarding court judgments in an unlawful detainer case. In California, filing a motion to set aside or vacate a default judgment can be based on mistakes or lack of proper notice. Would you like more information on the filing process or related documentation?
It seems like you're dealing with a procedural issue regarding court judgments in an unlawful detainer case. In California, filing a motion to set aside or vacate a default judgment can be based on mistakes or lack of proper notice. Would you like more information on the filing process or related documentation?
Lack of proper notice
Case Rating: *
In California, a motion to set aside or vacate a default judgment due to lack of proper notice is governed by Code of Civil Procedure Section *. You may need to demonstrate that you were not properly informed about the court date. Consider contacting a legal expert for further assistance.
In California, a motion to set aside or vacate a default judgment due to lack of proper notice is governed by Code of Civil Procedure Section *. You may need to demonstrate that you were not properly informed about the court date. Consider contacting a legal expert for further assistance.
Can you generate a sample fillable template for an ex parte motion to set aside judgement on behalf of the plaintiff stating the legal reason for the motion as lack of proper notice?
Case Rating: *
I can guide you on creating a sample template for an ex parte motion to set aside judgment due to lack of proper notice. Here’s a brief outline to help you get started:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Case Number [Your Case Number]
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Ex Parte Motion to Set Aside Judgment
INTRODUCTION:
*. Parties Involved:
- Plaintiff: [Your Name]
- Defendant: [Defendant's Name]
*. Relief Requested:
- Plaintiff respectfully requests the court to set aside the judgment entered on [Date of Judgment] due to lack of proper notice.
LEGAL BASIS:
- Pursuant to California Code of Civil Procedure Section *, a judgment may be set aside due to lack of proper notice.
FACTUAL BASIS:
*. Plaintiff did not receive proper notice of the court date.
*. Incorrect information was provided by the clerk's office regarding the court date.
CONCLUSION:
- For the reasons stated above, Plaintiff respectfully requests that the court set aside the judgment entered on [Date of Judgment] and grant a new hearing.
[Your Signature]
[Your Printed Name]
---
This is a basic template. Consider consulting with a legal expert to ensure completeness and compliance with local court rules.
I can guide you on creating a sample template for an ex parte motion to set aside judgment due to lack of proper notice. Here’s a brief outline to help you get started:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Case Number [Your Case Number]
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Ex Parte Motion to Set Aside Judgment
INTRODUCTION:
*. Parties Involved:
- Plaintiff: [Your Name]
- Defendant: [Defendant's Name]
*. Relief Requested:
- Plaintiff respectfully requests the court to set aside the judgment entered on [Date of Judgment] due to lack of proper notice.
LEGAL BASIS:
- Pursuant to California Code of Civil Procedure Section *, a judgment may be set aside due to lack of proper notice.
FACTUAL BASIS:
*. Plaintiff did not receive proper notice of the court date.
*. Incorrect information was provided by the clerk's office regarding the court date.
CONCLUSION:
- For the reasons stated above, Plaintiff respectfully requests that the court set aside the judgment entered on [Date of Judgment] and grant a new hearing.
[Your Signature]
[Your Printed Name]
---
This is a basic template. Consider consulting with a legal expert to ensure completeness and compliance with local court rules.
Thank you
Case Rating: *
It seems like you're dealing with a procedural issue regarding court judgments in an unlawful detainer case. If you have any further questions or need more guidance, feel free to ask!
It seems like you're dealing with a procedural issue regarding court judgments in an unlawful detainer case. If you have any further questions or need more guidance, feel free to ask!