Legal Question in Landlord & Tenant Law in California

Filing motion to vacate default judgement

I was sued by my former tenants at a small claims court. I filed a suite against them. For a medical reason however, I wasn�t able to make it on the hearing day. Therefore, the contested case I filed was dismissed without prejudice, and their case was ruled in their favor. Knowing that I can re-file my case against them, I�m wondering if I should still file a motion to vacate the default judgment against me. They will receive all the money they asked for, but if I win my case I get my money back. By not filing a motion to vacate, would I face any inconveniences or consequences? I would appreciate it if anyone could give me an advice. Thank you.


Asked on 12/23/06, 8:19 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing motion to vacate default judgement

I assume they filed their case for return of the security deposit. If that's all it is and you don't disagree, then their case is not an issue. It might be better to file a motion to set aside the default based upon your excusable neglect or inadvertence. If the motion is denied, then you could file a new suit. By reopening, you save a ton of money and the case will move along quicker than if you were to file a new case. Also, if the tenants have moved you might not be able to serve them again with a new suit.

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Answered on 12/24/06, 1:10 am


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