Legal Question in Wills and Trusts in California
how do i file a motion to set aside judgement due to lack of jurisdiction under civil rule 60, for a probate guardianship? and what forms do i use?
Asked on 11/02/11, 7:30 pm
3 Answers from Attorneys
Scott Jordan
Jordan Law Office
Are you referring to a local court rule? What county is the court located?
Even so, I am not aware of any court approved form that you use. Motions are usually carefully drafted by an attorney because the facts of each case differ.
I suggest you contact a probate attorney in your area for assistance.
Answered on 11/02/11, 8:09 pm
Jennifer Rouse
Meissner Joseph & Palley
In addition to Mr. Jordan's comments above, jurisdiction is determined by the probate code in guardianship matters. And, there are very strict timeframes as to when you can appeal judgments. You should speak with an attorney.
Answered on 11/03/11, 1:30 pm