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    kelly baldwin's Avatar
    kelly baldwin Posts: 1, Reputation: 1
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    #1

    Jan 2, 2010, 01:03 AM
    How to file a motion to set aside judgement/ca.
    I am being evicted and did not receive the court hearing date and therefore did not show. I need to know how to file a motion to set aside judgement in a California court? Can you please help?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 5, 2010, 08:09 AM
    Quote Originally Posted by kelly baldwin View Post
    i am being evicted and did not recieve the court hearing date and therefore did not show. i need to know how to file a motion to set aside judgement in a california court? can you please help?
    You would file a motion to dismiss based upon improper service.

    The plaintiff has to have proof that you were served, or the courts will not let the case continue because it doesn't give the defendant a chance to argue their side.

    What were you being evicted for?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 5, 2010, 08:16 AM

    Hello k:

    Go to the courthouse and speak with the clerk. In small claims, it should be a simple matter of filing your motion.

    If not, write a letter to the court asking the judge to set aside the judgment for the reasons you mentioned, and ask the judge to consider your letter to be a motion. Send your letter certified, return receipt requested, and send a copy to the plaintiff.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 5, 2010, 09:25 AM
    Quote Originally Posted by excon View Post
    Hello k:

    Go to the courthouse and speak with the clerk. In small claims, it should be a simple matter of filing your motion.

    If not, write a letter to the court asking the judge to set aside the judgment for the reasons you mentioned, and ask the judge to consider your letter to be a motion. Send your letter certified, return receipt requested, and send a copy to the plaintiff.

    excon
    It also would be good to
    1) look at the court file and see what the proof of service says (For example, it might say that it was mailed by certified mail on a certain date and that you signed for it.), and
    2) include a written statement under oath (i.e. an "affidavit") with your motion describing in detail what you know (For example, that you didn't sign for it as stated.)
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