Legal Question in Consumer Law in California
I was sued and the plaintiff got a default judgment. I was not lawfully served - on the summons & complaint, the individual "served" was someone they made up. I did not receive any documents either by "service" or by mail. I want to file a motion to quash service and to have the judgment voided. I have the CCP codes for quashing service but I have searched for and haven't found what I would need for the P & A for voiding the judgment. Can anyone point me in the right direction such as code section(s), maybe some case law (if I need it) I can look up, etc.?
Thanks!
Asked on 9/23/09, 2:40 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Code of Civil Procedure section 473. You would have to show excusable neglect, surprise or inadvertence.
Answered on 9/23/09, 3:17 pm