Legal Question in Real Estate Law in California

I can bring a motion to set aside the default and/or challenge service, however, I would have to do it quickly. Please let me know immediately if you want to try and undo this.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Mr. Bakondi offers to handle anything and everything he sees here, usually without even reading the question, which seems to be the case here. You say you have appeared in all other proceedings. So obviously you cannot challenge service of the summons on you. It may be possible to set aside the judgment on the basis of mistake, inadvertence or excusable neglect. He is right, however, that you have a VERY limited time to do this. Also, you say you cannot afford an attorney, but the bottom line is that without one you will never succeed in getting the judgment overturned. Judges see too many defendants come in saying "I didn't know about . . ." to accept that without a very effective legal argument from a person who has an ongoing duty as an officer of the court not to present false evidence. You are going to have to find a way to hire an attorney or just accept the judgment.

Code of Civil Procedure section 473, subpart (b), probably covers this; and if so, the application for relief must be made in a reasonable time, generally not to exceed six months, and in some instances within 90 days. I assume since you are representing yourself in court, you know how to look up the codes on line or at a law library. I also assume that the nature of your default was a failure to file and serve a responsive pleading, e.g., an answer, to a summons and complaint.

If there were an actual trial, and you lost because you failed to appear at the trial, the relief is different and the time may be shorter. However, note that to "appear" in legalese can mean the taking of some responsive action other than or in addition to being bodily present in the courtroom.

If there were a complete failure to give notice, actual or constructive, to you, a third set of rules is likely to apply, under which the hearing or trial and its results can be void for lack of jurisdiction over you, but youll still have to apply to the court for appropriate relief.

I have other cases in Quincy (Plumas County) and Nevada City (Nevada County) and I guess your case would be in Butte County? Anyway, if you want to run your facts by me directly, by FAX or e-mail, I'll give you a private, personal and free assessment of your chances to have the judgment set aside due to excusable mistake, inadvertence, surprise or neglect, on the one hand, or an out-and-out failure of the other side to serve some notice, on the other hand.

In any event, consider which you can least afford: good legal representation, or losing the suit.

You are going to have problems if you were in court, and the judge set a trial date, and you waived notice, and then did not show up for trial.