Legal Question in Business Law in California

I received a notice of motion to set aside a default judgment.

I did not receive the actual motion. Is this reverent?

I received:

a notice of motion

memorandum of points and authorities in support of motion

declaration of defendant in support of motion

and an answer

but no motion. is this a mistake on the opposing party?


Asked on 6/03/16, 9:40 pm

3 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

The documents as a whole are the motion. There was no error or mistake.

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Answered on 6/03/16, 9:59 pm

I suspect if you read the notice of motion you will see it says something like "on [date, time, court, location, etc.] defendant will move AND DOES HEREBY MOVE. . . ." That makes the notice also the motion. Even without that capitalized language, however, the motion is technically made when the party appears in court at that date and time. No mistake.

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Answered on 6/04/16, 9:56 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Both answers are correct. The "Notice of Motion" is merely a notice that a motion will be made ........ and said motion is then made in court, before the judge. It might also be made in the Notice, but that is not at all necessary. The papers you got are (apparently) complete and normal, par for the course. You haven't caught the other party's lawyer with his pants down.

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Answered on 6/04/16, 2:21 pm


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