Here is the cenario...Unlawful detainer is filed on commercial property, lanlord and tenant come to agreement to dismiss, but still set case for trial, plaintiff's attorney mails the Notice of Request to Set for Trial to the correct address, but once the clerk sets the date and sends the notice, she addresses the notice to the defendant wrong!! (OMG can you believe this...a clerk for heaven sakes)! clerks office gets returned mail from post office 3 days after hearing, needless to say, defendant doesn't show at the trial, cause he had no clue when it was set for...he never recieved notice. So plaintiff wins by default.
Defendant is due to be locked out on the 30...he needs a ex parte motion to have the judgement set aside and have the lock out stopped. the problem is he cant afford or probably find an attorney to do this resonably at this moment...so hence i need a sample ex parte motion to help him out, i know the code of civil proceedure..its the wording of the motion its self i need help with, anyone got a link to motions or have one i can go off of?
btw...im in California