Legal Question in Civil Litigation in California
what do I do when I was not served and a minute order was entered? I won a small claims case. The defendant requested a new trial..I was not served, yet the judge heard the case, and vacated my win. I only found out becasue I received the minute order in the mail I went online..and there is NOTHING showing I was served
Asked on 7/14/16, 6:51 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
You probably will need to file a motion to vacate the judgment on appeal. You would attach a declaration signed under penalty of perjury explaining the circumstances. It would be set for a hearing and, if granted, the appeal would be reheard at the same time.
Answered on 7/14/16, 8:01 pm
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