Legal Question in Real Estate Law in California

That is a little too complicated to handle on the site. Look at the section on setting aside defaults/jusgments [CCP 473(a) ?] to see if you fit into one of the four justifictions. Cal practice and Procedure and Brown on Civil Procfrure Before Trial should show you the forms and what to argue.

I agree with Mr. Shers. It is not practical for the attorneys who answer questions here to discuss the extensive law on setting aside defaults, and default judgments. There are several different grounds, which range from mandatory relief for attorney fault, to discretionary relief for a party's surprise, inadvertence, or excusable neglect.

There are also issues involving the manner of service, and the reasons you allowed your default to be taken. And there are statutory time lines to present the motion.

The stay issue is another complicated matter altogether.

If you insist on being your own attorney, the reference cited by Mr. Shers is "Civil Procedure Before Trial." It is a California Practice Guide published by The Rutter Group, and many couny law libraries carry updated copies. You specifically want to look at Chapter 5 on defaults, and how to cure them.

By drafting a properly structured and effectively argued pleading for that purpose, with all the facts and issues explained, with supporting law citations, with declarations, with necessary pleadings attached. You'll file it, set a hearing date, serve all appropriate parties, and go argue the motion in court. You only get one shot, do it right, go to the law library and do your research and homework on how all those things are done. Or, hire an attorney who already knows how. If serious about doing so, if the amount in question justifies hiring an attorney, feel free to contact me.

Code of Civil Procedure section 473, subpart (b) applies. Note that the grounds for relief are different when the default resulted from attorney error than when the defendant himself or herself was responsible for the default.

Since there is also a writ of execution involved here, you may need the assistance of an attorney to obtain relief from the default, the default judgment and the writ of execution before the latter is carried out to your permanent detriment. Getting a motion filed and heard and granted can be a slow process.

Be sure to note that as part of your motion package you need to provide the court with a copy of your proposed Answer (or other responsive pleading).

You have let this go way past the point of doing it yourself. If you have the money, hire an attorney to handle this for you, or you will likely just lose, and even if you win, you will just have delayed the inevitable judgment that will be rendered again if you don't have an attorney. If you don't have the money for representation, hire a bankruptcy attorney. Bankruptcy will stop the whole thing.