Legal Question in Civil Litigation in California

I won a judgement in civil court for default. the person who defaulted got a judgment to put the case aside because of ilness. now we are suppose to go to arbitrion hereing but she sick in the hospital and might die. question 1 Is their a form i can file with the courts in case she dies to protect the default judgement in my favor,like a lien of her astate?


Asked on 11/17/09, 1:30 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Since you were sent to arbitration this must not be a small claims case. I assume it is non-binding arbitration. Try to contact her closest relative and kindly point out there is an arbitration, you are not sure she will be well enough to make it or that she has told anyone about it, she needs to write to the arbitrator to inform them as to what she plans to do so the arbitrator can be canceled, she will have someone show up representing her interests, etc. If she dies, you will have to file a motion to have her estate entered as the defendant; if yuuo get a judgment than you need to make a claim against the estate along with placing a lien against her real property/house. If the Court granted her earlier motion, it must have been setting aside your default judgment so that judgment no longer exists.

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Answered on 11/22/09, 1:46 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Has she won her motion to set aside the judgment? If so, then you need to get another default judgment for non-appearance at the arbitration. Contact me directly.

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Answered on 11/29/09, 4:31 pm
Melvin C. Belli The Belli Law Firm

No, because you do not have a judgment any longer as it got set aside. It is gone. You need to proceed with the case to get another judgment. Her illness can be a reason t postpone the arbitration. If she dies then you will need to sue her estate and you can make a motion to substitute the estate for her once she dies.

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Answered on 11/30/09, 12:51 am


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