Legal Question in Appeals and Writs in California

can i file a motion to vacate void judgement in the court of appeal? the judgement was obtained by fraud and the plaintiff did not appear at the trial. i filed 170.6 and judge refused to recuse. thank you


Asked on 11/05/16, 6:52 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Motions to vacate are filed in the trial court. This is true even if the moving party wants to argue that the judgment is void. The Court of Appeal will not hear your motion to vacate.

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Answered on 11/06/16, 1:07 am


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