Legal Question in Civil Litigation in California

There was a small claims filed againts me.Without my knowledge. I filed a motion to vacate the judgment and couldn't make the hearing. I filed a motion to postpone the hearing until I could get there. I was caught by suprise of the date and time and I am 10 hours away from the court house. The judge denied my motion and took me of calander. I attempted to file an appeal but the court clerck told me that I can't file an appeal. The person who sued me has had my harley over 2 years and gave me nothing but the run around and convinced me that he would make everything right. He attempted to put a lein on my property and I denied the sale. In retaliation he filed a suit and didn't have me served on purpoise. And, I truely believe that the judge considering the comments he made at the last hearing on another case that he truely is being very bias. What can I do from here.


Asked on 2/21/11, 1:42 pm

2 Answers from Attorneys

It seems like you are out of luck. It appears that the court was willing to hear your arguments why the default judgment should be set aside, but you did not show up. I am a little confused how you were caught by surprise. You filed the motion and knew when the hearing was scheduled. It does not sound like you were granted a continuance. You only get so many bites at the apple (maybe only one in your case).

It appears you have another case with the same plaintiff in front of the same judge. The judge can not consider evidence that is not properly presented to the court, The judge does not, however, have to pretend that she does know a person that has been in front of her before. If that person screwed up in the other case (e.g. lied, filed to appear, missed deadlines, etc.) the judge is not going to bend over backwards for that person in other cases.

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Answered on 2/21/11, 2:31 pm

Corrections: The judge does not, however, have to pretend that she does not know a person that has been in front of her before. If that person screwed up in the other case (e.g. lied, failed to appear, missed deadlines, etc.) the judge is not going to bend over backwards for that person in other cases.

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Answered on 2/21/11, 2:39 pm


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