Opposing an Order of Dismissal
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.
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