Legal Question in Business Law in California

Re: appeal a judgement

Before you appeal, you must first file a motion to vacate the judgment pursuant to California Code of Civil Procedure 473 and/or 663; each has a different time limitation. If you do not try to vacate you will not be able to raise on appeal the question of improper service; in any event you will have a much better chance of getting relief from the trial court through this motion than from the court of appeal. BUT YOU MUST ACT IMMEDIATELY.

I maintain offices in Santa Barbara and Century City and I practice throughout the State. Please see my website at www.foxappeals.com and contact me if you need further assistance

Re: appeal a judgement

Your question as asked is ambiguous because it sounds as though you are asking about appealing from a judgment in which the court found that a process server lied, and that your ground for appealing is that the process server didn't lie.

However, I'm guessing what you really mean is that a default judgment was taken against you, and when you found out about it, you discovered that a proof of service had been filed showing service on you that never really took place.

Code of Civil Procedure 473(b) allows an application for relief to be filed within a "reasonable time" after the default judgment is taken, but not to exceed six months.

I strongly advise using a lawyer to assemble the evidence that the process server lied and prepare your application. Whether the judge grants your application or not will depends upon whether your story is credible. The sworn report of a licensed process server or sheriff is entitled to a presumption of correctness, but the presumption can be rebutted by evidence of probable falsity that is well-presented.

If the court grants your application, it may require you to pay some or all of the opponent's costs incurred in obtaining the default judgment as a condition of the relief granted you.

Re: appeal a judgement

You have only 6 months from Entry of Judgment to file a Motion to set aside the judgment. If the case and judgment are for enough value to justify hiring an attorney to help you, and if the case is in SoCal, feel free to contact me.