Legal Question in Civil Litigation in California

what form to fill out to setaside motion for default filed by plaintiff attorneyType your question here...


Asked on 9/09/09, 3:11 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Practicing law is not all about filling out forms. It involves a trained attorney's use of skill and knowledge. In this case, the attorney prepares a motion that is filed with the court and served on opposing counsel. It usually is accompanied by the defendant's declaration signed under penalty of perjury showing the defendant's inadvertence, surprise, or excusable neglect. You might review California Code of Civil Procedure section 473(b). The reasons had best be very solid, such as out of the country (accompanied by copies of the plane ticket), hospitalized, etc., or served on a next door neighbor. If you had simply decided to ignore the summons and complaint, a court won't grant you the relief you seek.

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Answered on 9/09/09, 3:20 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

If you are trying to set asside a default, it may be done if it was entered less thean 6 months ago for reasons of excusable neglect or mistake. Contact me directly. I can draft such a motion for a reasonable fee.

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Answered on 9/09/09, 7:08 pm


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