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  • Notwithstanding appeal, can I file § 473 (d) motion to vacate void . . .
    Defendants filed motion to vacate defaults and default judgments, under § 473 (b); it was based upon excusable mistake I filed written opposition, wherein, I argued, inter alia, that the court had no jurisdiction to consider the matter under CCP § 473 (b), as motion was filed more than a year after entries of default
  • Motion to Set Aside Default and Judgment, does it require verified . . .
    Does CCP § 473 (b) require the verification of the related mandatory response? Also, in the motion papers, defendant neither states that she believes in the merits of her case; nor does state that she has fully and fairly stated the facts of the case to her attorney Does that render any or all of the moving papers defective?
  • CCP 473 (b) proposed pleading. - Legal Answers - Avvo. com
    CCP 473 (b) "proposed pleading " I would need more information to answer this question as it depends what the stipulation allegedly involved If it was regarding an extension of time to respond to something, then the agreement must have been confirmed in writing Interrogatories: CCP 2030 270 (b) Requests for Production of Documents and Things: CCP 2031 270 (b) or Requests for Admissions: CCP
  • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO VACATE . . .
    But keep in mind you will need (1) notice of motion and motion, and (2) declaration (s) in support of your motion, as well as the memorandum of points and authorities You will not prevail under CCP 473 (b) unless your declaration contains explicit facts demonstrating mistake, inadvertence or excusable neglect
  • When i oppose a motion to set aside under CCP 473, , can i . . . - Avvo. com
    When i oppose a motion to set aside under CCP 473, , can i get attorney's fees can i get attorney's fees to oppose a motion to set aside if i hired an attorney to prepare and file the default judgement and related papers
  • Is it true statement? - Legal Answers - Avvo. com
    Is it true statement? CCP 473 (b) is explicit that motion to set aside dismissal shall be accompanied by a pleading, thus amended complaint is required for submission of motion to set aside dismissal against a defendant
  • Appeals: Can a motion pursuant to California CCP 473 be filed in . . .
    I believe you are saying 1) attorney in civil suit defaulted in some way and failed to file a CCP §473 (b) motion in trial court to cure the error, 2) case was appealed and appeals court ruling was based on the attorney's default in the trial court, and 3) appeals court has now remanded the case to the trial court
  • Can I set and vacate a denied motion for new trial under CCP 473 (b) if . . .
    Can I set and vacate a denied motion for new trial under CCP 473 (b) if attorney checked in but did not hear case called? My motion for new trial ("MNT") for a LIMITED CIVIL action was set to be heard at LASC last week My attorney of record was unavailable, but another atty he knows--call him "A"--filed notice of limited-scope rep
  • What judgments can be set aside pursuant to CCP §473 discretionary . . .
    What judgments can be set aside pursuant to CCP §473 discretionary? Mandatory is limited to default; what about discretionary? Respondent in my case procured a set aside pursuant to CCP 473 procured by fraud, 2 days before the statute of limitations for no good reason and despite the fact that service was effectuated
  • The possible use of CCP § 473 (b) to set aside a default judgment.
    I located the following law: Under CCP § 473 (b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect Not sure if becoming ill would count as inadvertence





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