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    nurse2u's Avatar
    nurse2u Posts: 6, Reputation: 1
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    #1

    Feb 8, 2011, 05:47 PM
    How to file a motion to set aside a default re: civil matter in California?
    I was served with a summons about a Private Nuisance, I planted 4 feet trees inside my property and my neighbor is suing me. I did not have time to response. Her attorneys filed a request for default.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 8, 2011, 05:48 PM

    Was the default judgment granted? You need a good, legal reason to set aside a default - not having time is not a good reason.

    You can always try, of course.

    What State?
    nurse2u's Avatar
    nurse2u Posts: 6, Reputation: 1
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    #3

    Feb 8, 2011, 05:52 PM
    There is no Judgement yet. But I noted there is a Conference Meeting scheduled in June 2011. This is in California.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 8, 2011, 06:20 PM
    Quote Originally Posted by nurse2u View Post
    ... Her attorneys filed a request for default.
    Quote Originally Posted by nurse2u View Post
    There is no Judgement yet. But I noted there is a Conference Meeting scheduled in June 2011. This is in California.
    If the default has been entered (not just a motion filed), answer the complaint immediately and the motion will become moot.
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    nurse2u Posts: 6, Reputation: 1
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    #5

    Feb 8, 2011, 06:50 PM
    You are saying not to file a motion but to file a response instead?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 8, 2011, 07:04 PM
    Quote Originally Posted by nurse2u View Post
    You are saying not to file a motion but to file a response instead?
    Has default been entered?
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    nurse2u Posts: 6, Reputation: 1
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    #7

    Feb 8, 2011, 07:08 PM
    Yes. The entry for Default was filed on January 26. My deadline to response is January 20.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Feb 8, 2011, 07:14 PM
    Quote Originally Posted by nurse2u View Post
    Yes. The entry for Default was filed on January 26. My deadline to response is January 20.
    If the court granted the motion for entry of default, you would have to file a motion to set it aside, offering proof that you have an acceptable excuse for not filing your response by the time you were required to respond.
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    nurse2u Posts: 6, Reputation: 1
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    #9

    Feb 8, 2011, 07:19 PM
    I'm not sure if it was granted. I know it was filed.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Feb 8, 2011, 07:37 PM

    Hello n:

    Go to the courthouse and LOOK at the file. You CAN'T defend yourself if you don't know what's going on.

    excon
    nurse2u's Avatar
    nurse2u Posts: 6, Reputation: 1
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    #11

    Feb 8, 2011, 07:44 PM
    Default was entered but no Judgement.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #12

    Feb 8, 2011, 07:49 PM

    Hello again, n:

    It's clear that the law is not your forte.. If you want help, hire a lawyer... Otherwise, you're toast.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Feb 9, 2011, 06:10 AM

    Agree with Excon - you have no idea what has happened and need to take the time to go to the Courthouse and find out.

    The time is clicking away and you are not addressing the problem. If there is a time frame it is rapidly expiring.
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