Legal Question in Civil Litigation in California

Motion to Set Aside Appeal Decision

Ok, here's the situation.

Small Claims case. Defendant served, claims otherwise, has friend file Motion to Vacate (denied, no standing). She files motion to Vacate (denied, she send him again). She appeals the denial of the motion to Vacate (dismissed, since no one shows up-earlier she req. a 7 month continuance which was denied). That was in early February. [She was afraid of being served (which happened)for another case...] (she's never shown up!)

We immediately levied against bank accounts (successfully!!!), and they made a third party claim against one which was a joint account (they = husband). I got an order enjoining the sheriff from disposing of it... and a 3rd party hearing.

Before the 3rd party claim, they filed their 2nd Request to Vacate (again denied), on a doctored SC-108 form, no less.

Now that I've responded well to the 3rd party claim, she filed a ''Motion to Set Aside Appeal Decision''. She bases this on 1) claims to have been out of state (claims otherwise in court docs earlier...), and miscellaneous other claims which she's made before (faulty service).

What law is such a Motion based on (or governed by), and how do I respond to it? (what should be in my opp?) What are her chances?

1 Answer from Attorneys

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