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  • Motion to Set Aside Default and Judgment, does it require verified . . .
    Does CCP § 473 (b) require the verification of the related mandatory response? Also, in the motion papers, defendant neither states that she believes in the merits of her case; nor does state that she has fully and fairly stated the facts of the case to her attorney Does that render any or all of the moving papers defective?
  • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO VACATE . . .
    But keep in mind you will need (1) notice of motion and motion, and (2) declaration (s) in support of your motion, as well as the memorandum of points and authorities You will not prevail under CCP 473 (b) unless your declaration contains explicit facts demonstrating mistake, inadvertence or excusable neglect
  • Whats the difference between asking to amend a judgment under section . . .
    CCP 473 is normally not used to "amend" a judgment; it is used to amend a pleading (which is not the same thing as a judgment) or to vacate (not amend) a judgment "Nunc pro tunc" is not a procedure; it simply is "legaleze" for stating that the amended judgment relates back to in time to the entry of the original judgment
  • When i oppose a motion to set aside under CCP 473, , can i . . . - Avvo. com
    When i oppose a motion to set aside under CCP 473, , can i get attorney's fees can i get attorney's fees to oppose a motion to set aside if i hired an attorney to prepare and file the default judgement and related papers
  • Notwithstanding appeal, can I file § 473 (d) motion to vacate void . . .
    Defendants filed motion to vacate defaults and default judgments, under § 473 (b); it was based upon excusable mistake I filed written opposition, wherein, I argued, inter alia, that the court had no jurisdiction to consider the matter under CCP § 473 (b), as motion was filed more than a year after entries of default
  • Is it true statement? - Legal Answers - Avvo. com
    Is it true statement? CCP 473 (b) is explicit that motion to set aside dismissal shall be accompanied by a pleading, thus amended complaint is required for submission of motion to set aside dismissal against a defendant
  • I want to file a motion to quash for a judgement from a third party . . .
    No If there is a default judgment against you, and you were never served with the summons, the proper procedure would be to file a motion to set aside default and vacate default judgment pursuant to Code of Civil Procedure section 473 5 “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered
  • What judgments can be set aside pursuant to CCP §473 discretionary . . .
    What judgments can be set aside pursuant to CCP §473 discretionary? Mandatory is limited to default; what about discretionary? Respondent in my case procured a set aside pursuant to CCP 473 procured by fraud, 2 days before the statute of limitations for no good reason and despite the fact that service was effectuated
  • Appeals: Can a motion pursuant to California CCP 473 be filed in . . .
    I believe you are saying 1) attorney in civil suit defaulted in some way and failed to file a CCP §473 (b) motion in trial court to cure the error, 2) case was appealed and appeals court ruling was based on the attorney's default in the trial court, and 3) appeals court has now remanded the case to the trial court
  • How much time does a defendant have to respond after request for entry . . .
    Under CCP 473 (b) if they move to set aside, the answer should be part of the motion… (and only have six months after judgement) If you’re sure that the ducks are lined up in a perfect row, you probably want to proceed





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