Legal Question in Civil Litigation in California

I have a JUDGMENT OF PARTITION BY DEFAULT. I was served on February 26, 2009, On February 28th, 2009 I fell in garage and hit cement floor. I frauctured my left shoulder in three places and broke my bone from shoulder to elbow and broke nose in two places. I remember screaming and with horrible pain after the ambulance came, I was in hospital thirty day all of March, I only remember in my mind I could see me laying on the hospital bed in a fetal poititon until about three days before I was released to come home. I had a lot of infection and I think I had a nervous breakdown. I am still in a lot of pain and my mind is as clear as it should be, I'm still recovering. I missed the court date. Can I fill an appeal?


Asked on 7/22/09, 6:04 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can petition the court to either reconsider (depending on the timing) or to set aside the judgment based upon inadvertance, mistake, or excusable neglect. If the latter, you should present sworn evidence of your hospitalization, such as a declaration from a doctor or someone at the hospital. For your reference, see California Code of Civil Procedure section 473(b).

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Answered on 7/22/09, 9:16 am


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