Legal Question in Business Law in California

Lost a case by defualt, need a way to get back to court

I received the fallowing letter from court, is there anyway I can back to court?

''Motion was not made within responsible time. No due diligence shown. Court finds as where previously served with motion to strike. Hearing also defendants reps were present when Judge X rule on date X. Court finds plaintiff has not meet burden of showing mistake surprise or excusable neglect. Motion is denied.''

1.When I was in court I didn't understand what the judge wanted me to do and he said that they will send me a notice but I never received it because it went to a different address.

2. If it was my lawyers mistake, then what can I do, since my lawyer submitted the first motion without any evidence.

3. The Plaintiff sued me for $25,000, this matter wasn't even brought up in court. Since the job was done perfectly and passed the final inspection. How can he sue me for the entire amount without showing any evidence to the judge in court?


Asked on 5/19/09, 12:27 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Lost a case by defualt, need a way to get back to court

It's hard to answer your question without drilling down into your case, but your options include filing a motion for reconsideration, or an appeal. Watch out for legal time limits including the strict and non-extendable time limit for filing a notice of appeal.

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Answered on 5/19/09, 12:31 am


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