![]() ![]() Begin by calling the Law and Motion Line at San Diego Superior Court at 61 during the Court's business hours. ![]() If you cannot reach an agreement move on to step 3.ģ. With proof that you did not receive notice, you may be able to convince the landlord/landlord's attorney to withdraw the default and provide you with an extension of time to answer the complaint. See below for a sample Stipulation to Set Aside Default to use if you reach an agreement. First, Ask the Landlord to Withdraw the Default. If the summons was improperly served and/or or you did not receive actual notice of the lawsuit, contact the landlord or the landlord's attorney before you file a motion to set aside the default. ![]() You should strongly consider contacting a free legal aid organization or hiring an attorney to help you with a response.Ģ. If you missed the deadline to respond and the landlord has obtained a default judgment, you must act quickly to avoid eviction. You may also wish to consult the Nolo book Win Your Lawsuit (KFC968.Z), which you can access in our reference section at our Downtown location. This book discusses the various responses and their procedures.įorm Answers can be found on the Judicial Council Forms website.1. We have numerous practice guides on this subject. Consult with our librarians for resources to assist you. Responding to a Complaint is beyond the scope of this guide. Each of these responses has a different purpose and is a different strategy. You may wish to file a Demurrer, or file a Motion to Strike. You will want to do research to determine how to respond. You will need to respond as if you are back at the beginning of the lawsuit. This is because when you seek relief from a default, you are asking the Court to essentially roll the proceedings back in time to the beginning. ![]() Second, at the same time you will also need to respond to the original Complaint, as if you were responding to it timely. Look at it as two separate processes.įirst, you will need to file the Motion to Vacate/Motion to Dismiss, as noted above and described in this Guide. You will need to file a number of things. The statutes and rules you rely upon, however, will be essentially the same. If you are a Plaintiff filing a motion to set aside a dismissal, you will need to change the language and tailor the language in your brief accordingly. This guide assumes that you are a Defendant who is filing a motion to vacate a default judgment. *Examples of mistake, inadvertence, surprise, or excusable neglect may include: If you are filing a motion to vacate a default judgment in Federal court, review Federal Rules of Civil Procedure 55 Default Default Judgment and 60 Relief from a Judgment or Order.Within 180 days after entry of a default judgment if the Defendant received written notice of the default judgment (See California Code of Civil Procedure §473.5).Up to two years after entry of a default judgment where service of the original summons did not result in actual notice to the Defendant (See California Code of Civil Procedure §473.5) or.(See California Code of Civil Procedure §473(b), §473.1) or Within six months of the entry of default or dismissal, as long as the default or dismissal was the result of the losing party's "mistake, inadvertence, surprise, or excusable neglect"*, or (rarely) because the court has assumed jurisdiction of the law practice of the the party's attorney.The judge therefore grants the motion (or decides the case) by default.Ī dismissal, in contrast, might be granted to the Defendant in a situation where the Plaintiff files a lawsuit, but then fails to respond to filings and orders in the case.Ī default judgment or dismissal may be set aside or vacated by the court at the request of the losing party in certain circumstances, and within certain time frames: A default judgment is typically obtained by the Plaintiff when the Defendant does not appear at a hearing, or neglects to file an Answer to the Summons and Complaint. ![]()
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