Legal Question in Civil Litigation in California

Re: Vacating Default dudgement

We will have to review all filings with the court and proofs of service. When was the judgment entered? Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: Vacating Default dudgement

Something doesn't sound right here. You say that the court entered a default judgment and that you knew nothing about it, but you also say that the plaintiff took depositions and you imply that he filed a large number of documents. Default cases normally don't involve such procedures, and I'm not sure whose deposition the plaintiff would have taken unless it was yours.

If you actually participated in the litigation and then just stopped, you will have a very difficult time getting the resulting default and judgment set aside. Even if you did not take part in the lawsuit, you probably learned of the default and judgment long ago, since having an executor replaced for the benefit of a creditor takes time and requires notice.

You may already have waited too long to deal with this problem, so if you want any shot at all you need to act very quickly. Doing so will not only improve your chances of getting the default set aside but may also get the new executor ousted before he can plunder the estate.

As several other attorneys have already noted, you really should have an attorney representing you here. Please feel free to contact me if you want to discuss this matter further.

Re: Vacating Default dudgement

Based on the large judgment I HIGHLY recommend that you get an attorney to represent you in this matter. You first need to vacate the default judgment. You should NOT delay as the amount of time since the judgment was entered plays a vital role in determining whether the court will vacate the judgment. Without the judgment being vacated, you are out of luck!

Contact an attorney immediately!

I would be happy to discuss this matter.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS�

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

Re: Vacating Default dudgement

First of all, this is not something you can do without an attorney, and it is very complicated. You say your lawyer suggested vacating the judgment, etc. but never filed a motion to do so, and left you "high and dry"; did you pay him the money to do all the legal work necessary to bring the motion? If you did, you can file a complaint with your local bar association; if you did not pay him, then he had every right not to do the work, as even attornyes must be paid for their labor.