Legal Question in Business Law in California

Re: default/judgement filed against us

You'll need to serve the motion on the other parties as well as file it with the court, and at the time you file, or before, you'll probably need to have the court clerk give you a time, date and courtroom for the hearing on your motion. Check the local rules and/or ask the clerk of the civil department how it's handled locally; court practices differ from county to county.

If the court finds good cause to set aside the default and default judgment, and I would include failure to serve you with the summons and complaint among items constituting good cause, it may give you relief, but may also require you to pay some of the other party's expenses as a condition.

If the default and default judgment are set aside, you'll be at square one, having to answer and defend against the original lawsuit (unless you can settle the suit out of court).

Re: default/judgement filed against us

You would have to file a written motion (there's no form) with the court to set aside the default and judgment. You would have to show inadvertence, surprise, and/or excusable neglect. You might be able to find examples at a law library nearby.

Re: default/judgement filed against us

"Forms"? If a default judgment has been entered against you, you must file a motion to set it aside. That's not a 'form'. If the motion is timely [within six months of the entry of judgment] and you have legal and factual grounds, it may succeed. Feel free to contact me if you're serious about getting legal help on this.