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

[Apollyon]

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.

[rmet4nzkx]

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

[Apollyon]

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.

[Apollyon]

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.

[rmet4nzkx]

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.

[Apollyon]

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

[rmet4nzkx]

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?

[Apollyon]

This is in Kern county.

[Apollyon]

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......

[rmet4nzkx]

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.