opposition to motion to set aside default judgment california

App. 2d 849, 854 [48 Cal. I want to stress that the six month time limit starts from the date that the default is entered, NOT the date of entry of any default judgment. This is the most commonly used method for vacating a default or judgment in California. Your rules of civil procedure should tell you how soon before the hearing you must file and give notice to the other side that you have filed a motion. Why ask why? 2. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." ", Thus the moving party seeking relief from default under section 473 faces two hurdles, and we turn to the first, whether defendants demonstrated that their failure to appear within 30 days after service of summons and complaint was due to "mistake, inadvertence, surprise or excusable neglect.". Opposition To Motion To Set aside Default And Default Judgment Motion. In Schwartz v. Smookler, 202 Cal. This sample opposition to a motion to vacate a default judgment under section 473 is made on the grounds that the Defendants have not shown a satisfactory explanation for their delay between discovering the default and the filing of the motion. Normally, it is 6 months from entry or default or default judgment. Sample motion to vacate judgment for fraud on the court under rule 60(d)(3), Sample motion for relief from forfeiture of lease in California, Sample complaint for rescission of contract in California, Sample opposition to petition to compel arbitration in California. The other side waited too long to file the motion. Her work has entered against a timely appealed by which products, consulting a movie. 0000007678 00000 n plaintiff blah blah in excess blah blah time allowed yada. DATE: Analyzing the Motion to Set Aside Judgment, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/c\/c3\/Apply-for-Child-Support-Step-21.jpg\/v4-460px-Apply-for-Child-Support-Step-21.jpg","bigUrl":"\/images\/thumb\/c\/c3\/Apply-for-Child-Support-Step-21.jpg\/aid7650076-v4-728px-Apply-for-Child-Support-Step-21.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"