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Blank Motion To Set Aside Default Judgment Los Angeles California Form

The Motion to Set Aside Default Judgment in Los Angeles, California, is a legal request to nullify a court's default judgment against a party. This motion is typically filed when a party did not receive proper notice of the legal action in time to respond. By allowing this motion, the court provides an opportunity for the affected party to present their case and defend against the claims made.

Outline

In Los Angeles, California, the process of addressing a default judgment can be complex, but the Motion to Set Aside Default Judgment serves as a crucial tool for individuals seeking to regain their standing in a legal matter. This motion is governed by California's Code of Civil Procedure Section 473.5, which allows a party to challenge a default judgment if they did not receive actual notice of the summons in time to mount a defense. Filing this motion must occur within specific timeframes—either within two years of the judgment or 180 days after receiving written notice of the default. Accompanying the motion, the individual must provide an affidavit attesting to their lack of notice and submit a proposed response or pleading. The motion aims to ensure that all parties have a fair opportunity to present their case before the court. For those unfamiliar with the legal landscape, understanding the requirements and implications of this form can be daunting. However, it is essential for anyone who finds themselves in a situation where a default judgment has been entered against them to know that there is a path to rectify the situation and seek justice.

Sample - Motion To Set Aside Default Judgment Los Angeles California Form

I n d e x of

La w & M ot ion W or k sh op

H a n d ou t s

Generic Point s & Aut horit ies

♦Set Aside Default ( CCP 473 . 5) ( San Bernardino)

♦Opposing Set Aside Default ( CCP 473) ( San Bernardino)

Unlaw ful Det ainer Mot ion

♦Mot ion t o Set Aside Default , Vacat e Judgm ent & St ay Execut ion of Judgm ent ( Vent ura)

General Civil Mot ions/ Collect ions

♦ Mot ion for Paym ent of Judgm ent by I nst allm ent s

( Vent ura)

♦Mot ion in Lim ine t o Exclude Evidence ( Vent ura)

♦ Not ice of Mot ion and Mot ion for Assignm ent Order ( Vent ura)

Guardianship

♦Mot ion for Visit at ion ( Vent ura)

♦Pet it ion for Visit at ion; Order ( San Bernardino)

Discovery

♦Mot ions t o Com pel ( Vent ura)

Fam ily Law

♦Pet it ion for Fam ily Visit at ion ( San Bernardino)

Form at t ing Rules

♦Sum m ary of Form at t ing Rules

Websit e for m or e Vent ur a Super ior Cour t m ot ions:

ht t p: / / w w w . v ent ur a. cour t s. ca. gov / v ent ur aMast er Fr am es14 . ht m

Law & Motion for Self Help Centers April 29, 2010

MEMORANDUM OF POINTS & AUTHORITIES

IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

Code of Civil Procedure Section 473.5 allows a Court to set aside a default judgment when service of a summons has not resulted in actual notice to a party in time to defend the action. This type of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (Code Civ. Proc., §473.5(a).)

The Motion “shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.” (Code Civ. Proc., §473.5(b).)

Here, the Respondent requests that the Court set aside the default and default judgment entered, and allow the filing of the Response. As explained in the attached declaration, Respondent was unable to defend the case due to lack of service.

Contrary to the Proof of Service of Summons filed in this action, Respondent was not served. (See Declaration) Respondent would like the opportunity to have all the issues decided with the Court’s assistance.

Date __________________	______________________________
	Respondent’s Signature

Memorandum of Points & Authorities

Motion to Set Aside Default 473.5

Name: ___________________

Address: _________________

_________________

Telephone: ________________

SUPERIO R C O URTO F C ALIFO RNIA, C O UNTY O F SAN BERNARDINO

DISTRIC T

	:		C a se NO .
	:
,	:		OPPOSI TI ON TO MOTI ON TO SET ASI DE THE
	:
	:
Pe titio ne r	:		;
	: Declarat ion of __________________.
v	:
	:	DATE:
,	:	TIME:
	:	DEPT
Re sp o nd e nt	:
	:

The Court should deny t he m ot ion t o set aside because t his m ot ion is not support ed

by any sufficient ground under Code of Civil Procedure Sect ion 473( b) , and t herefore t he

Court has no discret ion t o grant relief.

A m ot ion under Code of Civil Procedure Sect ion 473( b) is addressed t o t he sound

discret ion of t he t rial court . ( I ot t v . Fr ank lin ( 1988) 206 Cal. App. 3d 521, 527) . I f t he

m oving part y fails t o show t hat a j udgm ent has been t aken against him or her t hrough

m ist ake, inadvert ence, surprise, or excusable neglect , t he court m ay not grant relief; it has

no discret ion in t he m at t er ( I d. at 528 . )

O p p o sitio n to Mo tio n to Se t Asid e - 1

C a se Na m e : ____________________________________

C a se Num b e r: _________________

Here, as explained in t he at t ached declarat ion, t he m oving part y fails t o m eet t he

burden of proof because: [ check all t hat apply]

1)The m ist ake, inadvert ence, or surprise t hat j ust ifies a court in set t ing aside a default under Code of Civil Procedure Sect ion 473( b) m ust be reasonable. ( Cy r us v . Hav eson ( 1976) 65 Cal. App. 3d 306, 315 . )

An applicat ion for relief from a j udgm ent , dism issal, order, or ot her proceeding

t aken against a part y t hrough his or her m ist ake, inadvert ence, surprise, or

excusable neglect m ust be m ade wit hin a reasonable t im e, not exceeding six

m ont hs, aft er t he j udgm ent , dism issal, order, or proceeding was t aken. ( Code Civ .

Proc. , §473( b) . )

3)Mere m ist ake, inadvert ence, or neglect does not warrant relief under Code of Civil Procedure Sect ion 473( b) unless, on a considerat ion of all t he evidence, it is found t o be excusable. ( Mar t in v . Tay lor ( 1968) 267 Cal. App. 2d 112, 113 . )

4)____ Ot her legal reason : __________________________________________________________

	__________________________________________________________________________________
	__________________________________________________________________________________
	__________________________________________________________________________________.
Re sp e c tfully,
Da te d :	[sig na ture ]
	[p rint na m e ]

O p p o sitio n to Mo tio n to Se t Asid e - 2

C a se Na m e : ____________________________________

C a se Num b e r: _________________

VN147

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)	Telephone Number	FOR COURT USE ONLY
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA	LIMITED CIVIL
	CASE
800 SOUTH VICTORIA AVE. VENTURA, CA 93009
3855 – F ALAMO ST. SIMI VALLEY, CA 93063-2110

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

		CASE NUMBER:
NOTICE OF MOTION AND MOTION FOR ORDER
NOTICE OF MOTION AND MOTION FOR ORDER		HEARING DATE: ____________________
		HEARING DATE: ____________________
SETTING ASIDE DEFAULT		TIME: ____________________
VACATING DEFAULT JUDGMENT		COURTROOM: ____________________
STAYING EXECUTION OF JUDGMENT		COURTROOM: ____________________
STAYING EXECUTION OF JUDGMENT
EXPARTE		COMPLAINT DATE: ____________________

MOTION FOR ORDER SETTING ASIDE DEFAULT/VACATING DEFAULT JUDGMENT

1.Defendant ______________________________________________ does hereby move the court, pursuant to Section 473 of Code of Civil Procedure, for an order:

setting aside the default entered in this action on _________________________________________________________

vacating default judgment entered in this action on _______________________________________________________

2.Defendant further moves for an order permitting defendant to:

file an Answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits.

This motion is brought because

default

default judgment was/were taken against defendant:

Defendant was mistaken as to some material fact or law relating to defendant’s duty to respond.

Through inadvertence and/or oversight defendant failed to timely respond.

Defendant was prevented from responding due to an unexpected condition or situation which arose, without any default or negligence on his /her part, and which ordinary care could not have prevented.

Other ____________________________________________________________________________________________

4.Defendant possesses a meritorious defense against the unlawful detainer or other civil action.

Optional Form	NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT	Page 1 of 2
VN147 (Rev. 01/10)

VN147

Short Title:

Case Number:

MOTION FOR ORDER STAYING EXECUTION

5.Defendant, ___________________________________ , respectfully applies under Section 918 of the Code of Civil Procedure, for an order from this court directed to the Sheriff of Ventura County, to plaintiff, and to any other persons acting on behalf of or together with plaintiff, staying execution of the judgment entered in this action on the grounds that:

Defendant would suffer hardship if the judgment were to be executed at this time.

The judgment may be set aside or modified as requested in defendant’s motion to vacate default judgment.

The judgment may be set aside or modified in accordance with defendant’s motion for a new trial.

The judgment may be set aside or modified in accordance with defendant’s motion for judgment not withstanding the verdict.

The judgment may be set aside or modified in accordance with defendant’s motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure.

6.The motion filed above is filed with this application, and is now pending before this Court.

DECLARATION

7.I am the defendant in this action. I am asking the court to set aside

default

default judgment in this case.

8.I did not because

file a response to the summons and complaint

appear at the trial in the case

I did not receive the summons and complaint until ________________________ .

I was unable to come to the court because of the following medical emergency:

______________________________________________________________________________________

Other:

______________________________________________________________________________________

9.I have the following defense to

eviction

civil complaint for damages

______________________________________________________________________________________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date: _________________________________________		___________________________
		Signature of Defendant
Optional Form	NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT		Page 2 of 2

VN147 (Rev. 01/10)

and $ in full.

Date:

judgment amount is paid

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS).	TELEPHONE NO.:	FOR COURT USE ONLY

ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

LIMITED CIVIL

800 SOUTH VICTORIA AVE., VENTURA CA. 93009

3855 - F ALAMO ST., SIMI VALLEY, CA. 93063-2110

PLAINTIFF/PETITIONER:

CASE NUMBER:

DEFENDANT/RESPONDENT:

Date:

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Time:

Courtroom:

NOTICE IS HEREBY GIVEN that on

, at

a.m

p.m. or as soon

thereafter as the matter may be heard, in Courtroom

of the above-captioned court, defendant

shall move the court for an order permitting payment of the judgment in the within action to

be paid in installments.

This motion is made pursuant to:

California Code of Civil Procedure Section 582.5

California Vehicle Code sections 16379 and 16380.

on the grounds that the defendant

does not have the means to pay the judgment in this action.

is severely restricted in finding employment without the ability to drive.

Facts supporting this motion are set forth in the following declaration.

Judgment debtor requests a payment schedule as follows:

dollars ($

) per month commencing on

each succeeding month thereafter until the entire $

				(Signature of Defendant)

	(Type or Print Name)		DECLARATION
			DECLARATION
I,			, declare as follows:

1.	I am the judgment debtor in this action. I am a resident of the County of				, State of California.

	I have personal knowledge of the following facts and if called upon to testify, I could and would give competent testimony to
	the facts stated in this declaration.
2.	On or about	, I was involved in a motor vehicle accident. At the time of the accident I did not have

insurance to cover me for liability resulting from the accident.

Optional Form

VN153 [Rev. 07/01/03]

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Page one of two

Short Title:

Case Number:

Other (describe) ___________________________________________________________________________________

__________________________________________________________________________________________________

3.On or about _________________________________, a judgment was entered against me in this case in the sum of $ __________

in damages and $ _____________________________ in costs; and that the total amount of the judgment is $________________.

4.I am not able to pay the judgment because ______________________________________________________________________

________________________________________________________________________________________________________

5.As a result of the judgment against me in this case:

my driver's license has been suspended. I am unable to work without a driver's license because:

_____________________________________________________________________________________________________

Other (describe) ____________________________________________________________________________________

___________________________________________________________________________________________________

6. In order to

get my driver's license reinstated, I must arrange for a payment schedule which I can reasonably meet.

Other (describe) ____________________________________________________________________________________

___________________________________________________________________________________________________

7.My monthly income is $ ____________________________. I have _______________ persons living in my household whom I support. Proof of my income is attached to this declaration as Exhibit "A". My completed financial statement is attached to this declaration as Exhibit "B". I believe I can make payments of $ ____________ per month commencing on _________________.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ______________________________, at _________________________________ California.

Type or Print Name

Signature of Defendant

VN153 Rev. 01/01/03

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Page two of two

ATTORNEY OR PARTY WITHOUT ATTORNEY (name and Address):

PHONE NO.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA ฀ LIMITED

		CIVIL CASE
	STREET ADDRESS:
	MAILING ADDRESS:
CITY AND ZIP CODE:
	BRANCH NAME:

CASE NAME::

	฀ NOTICED MOTION TO EXCLUDE EVIDENCE (CCP 454)		CASE NUMBER:
	฀ NOTICED MOTION TO EXCLUDE EVIDENCE (CCP 454)
	฀ MOTION IN LIMINE (CRC 3.1112(F))

฀Hearing Date:		Time:	Courtroom:

฀Trial Date:		Time:	Courtroom:

Date of Filing Complaint: ______________________

SUMMARY OF RELEVANT FACTS

1.The factual issues in dispute in this case to which this motion is directed are as follows:

__________________________________________________________________________________________

REQUEST TO EXCLUDE EVIDENCE AND LEGAL AUTHORITY FOR EXCLUSION

2.฀ Plaintiff ฀ Defendant _______________________________________, requests that the

(Your Name)

following evidence be excluded:

฀Evidence of money allegedly owed by defendant to plaintiff. Defendant served plaintiff with a Demand for Specific Statement of Account (Bill of Particulars) on _________________________, but plaintiff did not provide any response. Under Code of Civil Procedure section 454, and the holding in Vassere

v.Joerger, 10 Cal.2d 689, 76 P.2d 656 (1983), the court has the authority to preclude plaintiff from presenting evidence of the alleged debt.

mot.shlac.006.rev.8.20.07

MOTION TO EXCLUDE EVIDENCE / MOTION IN LIMINE

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Form Information

Fact Name	Description
Governing Law	The motion to set aside a default judgment is governed by California Code of Civil Procedure Section 473.5.
Time Limit	The motion must be filed within two years after the default judgment or within 180 days after receiving notice of the judgment.
Actual Notice Requirement	A court may set aside a default judgment if the party did not receive actual notice in time to defend the action.
Affidavit Requirement	The motion must include an affidavit stating that the lack of notice was not due to avoidance of service or inexcusable neglect.
Opportunity to Respond	The motion allows the party to file a response to the original complaint if the default is set aside.
Proof of Service	If the proof of service is disputed, the party can argue they were not properly served.
Meritorious Defense	The party must demonstrate they have a valid defense against the claims made in the original action.
Opposition to Motion	The opposing party can challenge the motion by arguing insufficient grounds under Code of Civil Procedure Section 473(b).
Judicial Discretion	The trial court has discretion to grant or deny the motion based on the evidence presented.

Detailed Guide for Filling Out Motion To Set Aside Default Judgment Los Angeles California

After completing the Motion to Set Aside Default Judgment form, you will need to file it with the court and serve a copy to the opposing party. Make sure to keep a copy for your records. The court will then schedule a hearing to consider your motion.

Begin by filling in the case name and case number at the top of the form.
Provide your name and address in the designated area. Include your telephone number for contact purposes.
Indicate the date and time of the hearing in the appropriate sections.
In the first section, state your request to set aside the default judgment. Specify the dates of the default and judgment.
Attach a copy of your proposed answer or other pleading to the motion.
In the section regarding reasons for the motion, check all applicable boxes that explain why the default judgment should be set aside. Be specific about your circumstances.
Provide a brief explanation of your meritorious defense against the claim.
Sign and date the form at the bottom. Print your name below your signature.
Make copies of the completed form and any attachments for your records and for service to the opposing party.
File the motion with the court clerk and pay any required filing fees.
Serve a copy of the filed motion to the opposing party according to court rules.

Obtain Answers on Motion To Set Aside Default Judgment Los Angeles California

What is a Motion to Set Aside Default Judgment?

A Motion to Set Aside Default Judgment is a legal request asking the court to overturn a judgment that was entered against a party who did not respond to a lawsuit. This motion is typically filed when the party did not receive proper notice of the lawsuit or was unable to respond for a valid reason.
Who can file this motion?

Any party who has had a default judgment entered against them can file this motion. This includes defendants in civil cases who were not served properly or who were unable to defend themselves due to circumstances beyond their control.
What are the grounds for filing a Motion to Set Aside Default Judgment?

Common grounds include:
- Lack of actual notice of the lawsuit in time to respond.
- Inadvertence or oversight that led to the failure to respond.
- Unexpected circumstances that prevented a timely response.
What is the time frame for filing this motion?

The motion must be filed within a reasonable time frame, which is defined as either:
- Within two years after the default judgment was entered, or
- Within 180 days after receiving written notice of the default or default judgment.
What documents are required to accompany the motion?

The motion must be accompanied by an affidavit or declaration that explains the reasons for the lack of notice or inability to respond. Additionally, the party must attach a copy of the proposed answer or other pleading they wish to file in the case.
What happens after the motion is filed?

Once the motion is filed, the court will schedule a hearing. Both parties may present their arguments, and the court will decide whether to grant or deny the motion based on the evidence presented.
Can the opposing party contest the motion?

Yes, the opposing party has the right to contest the motion. They can file an opposition, arguing that the motion does not meet the legal requirements for setting aside the default judgment.
What are the potential outcomes of the motion?

The court may either grant the motion, allowing the default judgment to be set aside and the case to proceed, or deny the motion, which would leave the default judgment in place.
Is legal representation necessary to file this motion?

While individuals can represent themselves in court, having legal representation is advisable. An attorney can help navigate the complexities of the law and improve the chances of a successful outcome.

Common mistakes

When filling out the Motion to Set Aside Default Judgment form in Los Angeles, individuals often make several common mistakes that can hinder their chances of success. One of the most frequent errors is failing to provide adequate proof of lack of notice. The law requires that a party show, through an affidavit, that they did not receive actual notice of the action in time to defend it. Without this essential documentation, the motion may be dismissed.

Another mistake involves not filing the motion within the specified time frame. The law states that a motion to set aside a default judgment must be filed within either two years of the judgment or 180 days after receiving written notice of the judgment. Missing this deadline can result in the court denying the motion outright, regardless of the merits of the case.

People also often overlook the importance of including a proposed answer or pleading with their motion. The law requires that a copy of the proposed answer be attached, demonstrating that the party has a legitimate defense to present. Failing to include this document can lead the court to question the validity of the motion.

Additionally, some individuals mistakenly believe that simply stating their reasons for the motion is sufficient. However, the court requires that the reasons be supported by evidence. This means that vague claims of "inadvertence" or "mistake" without specific details or supporting documentation will likely not meet the court's standards.

Another common error is neglecting to address the issue of excusable neglect. The law allows for relief only if the moving party can demonstrate that their failure to respond was due to excusable neglect. If a party cannot adequately explain why they did not respond in a timely manner, the court may deny the motion.

Many also fail to check for completeness and accuracy in their forms. Errors in personal information, such as names or addresses, can lead to delays or dismissals. Ensuring that all information is correct and matches other court documents is crucial for the success of the motion.

Furthermore, some individuals do not take the time to properly serve the motion to all necessary parties. Proper service is a critical step in the process, and failing to notify all relevant parties can result in the motion being considered invalid.

Lastly, a lack of clarity in the motion can be detrimental. It is essential to clearly articulate the reasons for seeking to set aside the default judgment. A motion that is poorly written or difficult to understand may confuse the court and result in unfavorable outcomes.

Documents used along the form

When filing a Motion to Set Aside Default Judgment in Los Angeles, California, several other forms and documents may be necessary to support the motion or respond to it. Below is a list of commonly used documents that accompany this motion, each serving a specific purpose in the legal process.

Memorandum of Points & Authorities: This document outlines the legal arguments and authorities supporting the motion to set aside the default judgment. It provides the court with the rationale behind the request, citing relevant laws and precedents.
Opposition to Motion to Set Aside: If the opposing party wishes to contest the motion, they will file this document. It argues against the motion, highlighting why the court should deny the request to set aside the default judgment.
Declaration: This sworn statement from the party filing the motion explains the circumstances that led to the lack of notice or inability to respond to the initial action. It serves as evidence to support the claims made in the motion.
Notice of Motion: This document formally notifies the court and the opposing party of the intent to file a motion to set aside the default judgment. It includes details such as the hearing date and time.
Proposed Answer: Attached to the motion, this document contains the proposed response to the original complaint. It outlines the party's defenses and arguments against the claims made by the opposing party.
Motion for Payment of Judgment by Installments: If the default judgment includes a monetary award, this motion requests the court to allow the judgment debtor to pay the amount in installments rather than a lump sum.
Motion in Limine: This document requests the court to exclude certain evidence from being presented during the trial. It is often filed to prevent prejudicial or irrelevant information from influencing the court's decision.
Notice of Motion for Assignment Order: This document is used to request the court to issue an assignment order for wages or other income to satisfy a judgment, which can be relevant if the judgment is not set aside.
Motion for Visitation: In family law cases, this motion may be filed to request court-ordered visitation rights, especially if the default judgment impacts child custody arrangements.
Petition for Family Visitation: Similar to the motion for visitation, this petition formally requests the court to establish visitation rights, often filed in conjunction with other family law matters.

Each of these documents plays a critical role in the process of addressing a default judgment. They ensure that all parties have the opportunity to present their case and that the court has the necessary information to make an informed decision.

Similar forms

Opposition to Motion to Set Aside Default: This document is used to contest a request to set aside a default judgment. It outlines reasons why the motion should be denied, focusing on procedural grounds and the lack of sufficient justification from the moving party.
Motion to Set Aside Default (CCP 473): Similar to the motion in question, this document also seeks to have a default judgment overturned. It specifically references the California Code of Civil Procedure and emphasizes the need for a valid reason for the request.
Motion for Payment of Judgment by Installments: This motion addresses the terms of payment for a judgment. It is related in that both documents involve the enforcement and modification of court judgments, but focus on different aspects of compliance.
Motion in Limine to Exclude Evidence: This document is used to request that certain evidence be excluded from consideration in court. While it does not directly relate to default judgments, both motions deal with procedural fairness in court proceedings.
Notice of Motion and Motion for Assignment Order: This document is similar in that it involves a request to the court for a specific order. Both motions require clear justification and support to be granted.
Motion for Visitation: This motion pertains to family law and seeks to establish visitation rights. While its context differs, it shares the commonality of being a formal request to the court regarding a specific legal issue.
Petition for Visitation; Order: Like the motion for visitation, this document requests the court to establish visitation rights. Both documents require the petitioner to demonstrate a valid reason for the request.
Motions to Compel: This document is used to request the court to order a party to comply with a discovery request. Both motions involve seeking relief from the court, although they focus on different procedural issues.
Petition for Family Visitation: Similar to the visitation motions, this document aims to establish visitation rights in family law cases. Both require a showing of necessity and justification for the request.
Summary of Formatting Rules: While not a motion, this document provides guidelines for how legal documents should be formatted. Proper formatting is crucial for both the motion to set aside default judgment and other legal documents to ensure they are taken seriously by the court.

Dos and Don'ts

When filling out the Motion To Set Aside Default Judgment form in Los Angeles, California, there are certain best practices to follow, as well as common pitfalls to avoid. Here’s a guide to help you navigate this process effectively.

Do file the motion within the appropriate time frame. You have either two years after the default judgment or 180 days after receiving notice of it.
Do include a detailed affidavit. This should explain your lack of notice and confirm that it was not due to your own avoidance or neglect.
Do attach a copy of your proposed answer or other pleading. This demonstrates your intention to contest the case.
Do ensure that all information is accurate and complete. Incomplete or incorrect forms can lead to delays or denials.
Don't wait too long to file your motion. Delays can weaken your argument and may result in the court denying your request.
Don't assume that a lack of service automatically grants relief. You must still provide evidence supporting your claim.

By following these guidelines, you can improve your chances of successfully setting aside a default judgment. Remember, preparation and attention to detail are key components in this legal process.

Misconceptions

Misconception 1: The motion can be filed at any time after a default judgment.

This is incorrect. The motion to set aside a default judgment must be filed within a specific timeframe. According to California Code of Civil Procedure Section 473.5, it must be filed within two years after the judgment or within 180 days after receiving notice of the judgment. Failing to adhere to these timelines can result in the motion being denied.

Misconception 2: A motion to set aside a default judgment guarantees that the judgment will be overturned.

This is not true. Filing a motion does not automatically mean the court will grant it. The court will review the reasons provided and determine if they meet the legal standards for setting aside a default judgment. If the reasons are insufficient, the court may deny the motion.

Misconception 3: You do not need to provide proof of lack of notice when filing the motion.

This misconception overlooks a key requirement. The moving party must submit an affidavit showing that their lack of actual notice was not due to their own avoidance of service or neglect. Without this proof, the court is likely to reject the motion.

Misconception 4: The motion can be filed without any supporting documents.

This is incorrect. The motion must include a copy of the proposed answer or other pleading that the party wishes to file in the action. This requirement ensures that the court understands the basis for the motion and what the party intends to present if the motion is granted.

Key takeaways

The Motion to Set Aside Default Judgment form allows individuals to request the court to cancel a default judgment when they did not receive proper notice of the legal action against them.
It is essential to file the motion within a specific timeframe. You have either two years from the date of the default judgment or 180 days from receiving notice of the judgment to submit your motion.
The motion must include an affidavit that confirms your lack of notice was not due to your own neglect or avoidance of service.
Along with the motion, you should attach a copy of the response or pleading you intend to file in the case.
When opposing a motion to set aside a default judgment, the opposing party must demonstrate that the moving party has not met the necessary legal grounds for relief.
Be prepared to provide a valid reason for your inability to respond, such as a mistake or unexpected situation, as the court requires a reasonable justification for setting aside a judgment.