Legal Question in Civil Litigation in California

Notice to Vacate Default Judgement Filed Late

I (as plaintiff) won a Small Claims case in California by default. The Notice of Judgement lists the mailing date as 4-12-99. The defendant filed a Motion to Vacate but it is dated 5-13-99. It seems to me this date is one or two days past the allowed 30 days for filing depending on whether the 12th is included in the count or not. Can I fight this without having to return to CA? I live in Colorado and I have already had to return to CA twice over this matter.


Asked on 5/17/99, 12:51 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Notice to Vacate Default Judgement Filed Late

In your opposition papers just say you are unable to attend the hearing and that you are requesting the court to decide the case on your written papers alone and that should be OK

Read more
Answered on 5/21/99, 3:07 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California