Legal Question in Tax Law in California

Re: Set aside a default judgement

You have the legal pleadings, so copy the cause number and the style of the case. You will have to call the judge's clerk for a hearing date. At the bare minimum, you will need to file a notice of motion, a memorandum of points and authorities and a declaration stating that you were not served.

The memorandum of points and authorities is the legal arguments and statement of the law regarding improper service. You are required to point and the law to the judge and state the legal reasons why the judgment should be set aside. Sign the motion, and have it served upon the plaintiff's attorney with notice of the hearing date on the motion that you will get from the court clerk. Go to the hearing, and present the law and facts to the judge.

The plaintiff can file opposition and you can file a final reply brief. The judge will mostly likely announce his or her decision at the hearing.

Best advice - obtain counsel.

Re: Set aside a default judgement

You would also need to quash service. Not for pro-pers let a professional do it. Call me directly at 1.619.222.3504.