Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2006
    Posts
    6

    Default How to File a Motion to Set Aside and Vacate a Dismissal

    I received a papers In the mail from an attorney that states they are filing with the Superior court.
    front page states DECLARATION OF SERVICE This came first class to my po box.
    Is says this is a 1. notice of motion and motion to set aside and vacate dismissal 2.notice of non appearance
    at plaintiff's motion to set aside and vacate dismissal 3. memorandum of points and authorities in support
    of plaintiff's motion to set aside dismissal. 4. [proposed] order granting plaintiff's motion to vacate and set aside dismissal.

    This was dismissed by the court all most a year ago as there wasn't any service they now claim there was a "sub-service" and state there legal argument is "excusable neglect" they say there was a sub-service done by there process server and the error was a mis-communication.
    I went to court a few days ago and the plaintiffs attorney didn't show up however the judge placed this on the docket to be heard on the 30th of this month.

    Question Is should I deal with this matter ,i would like to file a motion but I don't know how to put this on papper and file with the court.

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    This is allowed under CA CCP 473 and now you have been served and have a court date.

  3. #3
    Join Date
    Oct 2006
    Posts
    6

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    Acording to the the judge this was set for the 30th as case management to see if there was proper service.
    If what you say is true about being served and the judge didn't inform me of this than on the 30th he will be in for a rude awakening.

  4. #4
    Join Date
    Oct 2006
    Posts
    6

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    After reading Ca ccp 473 A. Setting Aside a Default Judgment (CCP 473)

    Once a default judgment has been entered against a party, that party

    may be able to have it set aside by filing a motion. There are time

    limits depending on whether or not the motion is based on statute or

    case law and there must be adequate grounds to vacate the judgment

    There never was a default judgment It was dismissed by the court for lack of proper service. Nothing In ccp 473 says anything about being served.
    I still need to know how to respond to this on papper.

  5. #5
    Join Date
    Jul 2006
    Posts
    985

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    Quote Quoting Apollyon
    View Post
    After reading Ca ccp 473 A. Setting Aside a Default Judgment (CCP 473)

    Once a default judgment has been entered against a party, that party

    may be able to have it set aside by filing a motion. There are time

    limits depending on whether or not the motion is based on statute or

    case law and there must be adequate grounds to vacate the judgment

    There never was a default judgment It was dismissed by the court for lack of proper service. Nothing In ccp 473 says anything about being served.
    I still need to know how to respond to this on papper.
    Go to the county law library and ask the librian to direct you to the appropriate books which outline pleadings and caselaw.

  6. #6
    Join Date
    Oct 2006
    Posts
    6

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    Been there done that they can tell me what I might need but not how the motion would be on pleading papper. I was told that would be legal advice and they can't do that.Even went to rural legal snd was told they wont do anything untill there is a judgment intered

  7. #7
    Join Date
    Jul 2006
    Posts
    985

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    You can put your pleading on a misc form, ask the court clerk which form your county court's local rules allows. What county are you in?

  8. #8
    Join Date
    Oct 2006
    Posts
    6

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    This is in Kern county.

  9. #9
    Join Date
    Oct 2006
    Posts
    6

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    Ah yes the next chapter in the good old boy court system.
    Received a letter from the court stating No appearance by plaintiffs attorney.
    (my name) appears in properia persona.
    Motion for order granting plaintiffs motion to vacate and set aside dismissal is granted.
    Cause is conntinued for case management.
    What kind of crap is this......

  10. #10
    Join Date
    Jul 2006
    Posts
    985

    Default Re: California Motion to Set Aside and Vacate a Dismissal

    This is confirming what the judge already told you, he is refering it to case management and placed on the ocurt calander. The judge reconsidered their decision and set aside the dismissal so not you will have to defend what ever it is and you have been served.

    1. Sponsored Links
       

Similar Threads

  1. Business Disputes: Motion to Vacate
    By Caring4U in forum Business Law
    Replies: 14
    Last Post: 07-09-2011, 12:17 PM
  2. Expungement and Sealing: How to File and Serve a Motion for Dismissal
    By RYANLEGGETT in forum Criminal Records
    Replies: 2
    Last Post: 03-10-2011, 12:48 AM
  3. Motions: How to File a Dismissal Motion
    By jonc123 in forum Traffic Court
    Replies: 1
    Last Post: 06-18-2010, 08:40 PM
  4. Vacating a Judgment: Statute of Limitation in California to File Motion to Vacate Judgement
    By educatem in forum Judgments
    Replies: 1
    Last Post: 11-19-2009, 03:13 PM
  5. Motions: Motion to Vacate
    By bryan91901 in forum Small Claims Court
    Replies: 1
    Last Post: 07-11-2009, 02:20 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document