Legal Question in Civil Litigation in California

Re: how to file a motion

Mr. Hoffman has correctly explained your problems with the corporation. If you want to do it yourself, I suggest you go to a local law library and get a set of gray/white books called Rutter: Civil Procedure Before Trial. They will probably be helpful in explaining what you need to do to file your own motion, in regard to the judgment against you personally.

www.benpavone.com

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Motion to set aside default judgement

Actually, you CAN'T do this yourself, at least as far as the corporation is concerned. An individual can represent him/herself in court (it's usually unwise, but it's legal), but the corporation is not an individual, and the person who appears on its behalf is not representing him/herself. Only attorneys are alowed to represent others in court -- in fact, that's essentially the definition of what an attorney is. Unless you happen to be an attorney, there's no way around this. Corporations MUST be represented by counsel in all court appearances and/or filings.

If you go to court on your own behalf and leave the judgment against the corporation intact, then the plaintiff will be able to execute against the corporation. Your investment -- and those of any other investors -- will be in jeopardy. Other investors might then have a claim against you for failing to protect their investments.

Even if you get rid of the judgment against you personally, your assets aren't necessarily protected. The plaintiff might be able to reach you personally through the corporation if you haven't been very diligent in observing the formal distinctions between yourself and the corporation. This is called "piercing the corporate veil," and it's a very big part of why corporate officers and directors cannot be too informal about the requirements.

If you choose to attack only the judgment against you personally, you will need to file a motion with the court explaining why you believe the judgment is improper. Since you say service was not legal, you will need to explain why. Be precise, and make sure you send copies of the motion to opposing counsel as well as to the court. Include a proof of service, signed uder penalty of perjury, showing that you did this. Copy the format and details (e.g. case name, number, name of court and judge, layout of page, etc.) of another pleading from the file. Send an extra copy to be returned to you, along with a postage-paid return envelope. Leave the date blank -- the clerk in Riverside will choose a date and time and send the papers back to you with this information filled in.

Your opponent will have time to file an opposition, and you will be able to file a reply. Then go to the hearing and be persuasive.

There are a lot of formalities you should observe, and I can't recite them all here. Many judges will tolerate an imperfect brief from a pro per, but some are less tolerant than others and you need to do the best job you can.

All in all, however, you really should have an attorney. Feel free to call me at 310-575-3540 if you like.

P.S. I tried to post a reply yesterday, but it seems to have been lost. Forgive me if you receive two messages from me.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340