Legal Question in Civil Litigation in California

Hearing On Motion

If a Judge enters a judgment ''prematurely'', what shall I do? ''Prematurely'' means that some outstanding controversy exists and had not been ruled upon before the so called entry of a judgment. I filed a motion to vacate the void judgment? However, the judge refuses to give me the hearing date, so judge is depriving me from the hearing, which is a deprivation of the basic constitutional rights. What is the remedy? Of course, one of the remedy is to file a mandate in the higher court. But, can you suggest any other way out?


Asked on 8/28/02, 2:51 am

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Hearing On Motion

You have not given me enough information. A judgment is normally appealed. The Statement of Decision you asked for in trial should have set forth the controveted issues to be ruled upon.

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Answered on 8/28/02, 8:53 am
Mona Montgomery Mona Montgomery, Attorney at law

Re: Hearing On Motion

There are two possible reasons for your problem. One possibility is that the judge is hiding from your motion hoping you will go away. This does happen. The other possibility is that you have made a mistake. There is a third possibility. You may have made a mistake AND the judge is hiding from the motion. If that is the case you really need to have someone look at your work and see what happened. I would be willing to talk to you for a short time for free but since I do not work in Orange County, I probably would not want to get involved in an Orange Country lawsuit. However, if you like, you can give me a call or send me an email. I am set up for instant messaging so I can talk to you using webcam and speakers if you like. I am not sure my info is up to date so I will tell you that my phone is (818) 243-9676.

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Answered on 8/28/02, 11:33 am


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