I was given until 8/15 to file restated complaint for my counterclaim. I did file the complaint on 8/15. On 8/22, the court had a conference and dismissed my case ( I did not appear). the reason the court stated was "failure of plaintiff to file an amended/restated complaint". Since I obviously did file, and the filing does appear on the court records of the case summary as being filed on 8/15, I do not understand how this can be done.

I don't know how to proceed: Motion to Vacate Void Judgement? Notice of Appeal and Notice of Filing of Appeal? Application for Stay Order? Supersedeas Petition? Petition for Temporary Stay ? Something Ex parte?

How do I get a date for a hearing? I'm at a loss...By the way, this is a counter-claim I filed against the other party for wrongful eviction/ wrongful unlawful detainer action, so now that my counterclaim has been dismissed, the other party will go back to the lower court unlawful detainer case and move for default judgement.

I must admit that my proof of service on my restated complaint may not have been conformed to the local rules....that is the only thing I can think of, but it was corrected and I filed the correction on 8/19.

Any direction would be appreciated.

excon

Hello s:

Assuming you haven't waited too long, try a motion for reconsideration

excon

Fr_Chuck

Can be an issue of wording ?? was it by or till. In some courts the motions have to be filed prior to the date given, not on the date given.
So check dates for one thing.

So at the hearing did you have a copy of the motion you filed, with the date stamp of the court clerk as evidence you filed it. Good practice in filing motions, have the clerk stamp ( in front of you) the orginal being filed and at least one copy for your records.