Legal Question in Landlord & Tenant Law in California

I entered a Default in Feb. 2006, realized I needed to serve a Statement of Damages and so served it on May 2, 2010, requested and had another Default entered on June 8, 2010, and then got a Default Judgment entered on June 29, 2010.

In Dec 2010, defendant came to court for the first time to request the 2006 Default and the June 29, 2010 Def Judgmt vacated. I opposed it, and there were several hearings, and on May 13, 2011, the judge wrote an Order vacating the 2006 Default and the June 29, 2010 Def Judgmt, because I didn't serve the Statement of Damages prior to the 2006 Default.

Is this a void order? Is this a fraudulent order?

It was written under the pretense that I didn't serve the Statement of Damages and under the pretense that the June 8, 2010 Default doesn't exist.

I have just started an appeal of this order, will I win?


Asked on 8/04/11, 11:33 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

No.

The court erred in entering the default, if a Statement of Damages was required for the action.

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Answered on 8/04/11, 11:58 am


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