Legal Question in Business Law in California

I recently received a default and default judgement in Ca superior court and the defendant has obtained and has filed a motion to set aside default and default judgment.

My question is: If I can prove that the defendant lied in his motion to set aside default and default judgment will his motion be denied?

I would assume that if his motion is untrue, on many points, and I can prove it, then the motion will be denied.

Thanks.


Asked on 5/09/16, 2:39 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Motions often make many factual claims. Proving that some of them are false won't necessarily defeat the entire motion, since the remaining statements might be enough to justify granting it. More fundamentally, the judge may not agree that you have "proved" the defendant lied.

Judges are often very sympathetic to defendants who seek relief from default. I can't assess your chances based on the limited information you've offered, but don't be too surprised if the court gives the defendant the benefit of the doubt.

Good luck.

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Answered on 5/09/16, 5:45 pm

Mr. Hoffman is correct. Pretty much no matter how many false statements may be in a motion, if there are grounds to grant the motion, it must be granted. Also, unless you are very well versed in the rules of evidence, you may very well not be able to introduce legally admissible evidence to prove the defendant's statements are untrue. Lastly, motions to set aside defaults must be granted unless it is clear and convincing that the defendant knowingly and willfully allowed a default to be entered without regard for the consequences, and then is trying to get out of that decision, or has waited WAY too long before doing anything about it such that allowing the case to be decided on its merits would be totally unfair to the plaintiff.

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Answered on 5/10/16, 10:41 am


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