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Blank Motion To Set Aside Default Judgment Los Angeles California PDF Form

The Motion to Set Aside Default Judgment in Los Angeles, California, is a legal request that allows a party to challenge a default judgment when they did not receive proper notice of the lawsuit in time to defend themselves. This motion is governed by Code of Civil Procedure Section 473.5 and provides a mechanism for individuals to seek relief from judgments that may have been entered unfairly. If you believe you have grounds to file this motion, please fill out the form by clicking the button below.

Article Guide

The Motion to Set Aside Default Judgment in Los Angeles, California, is a critical legal tool for individuals seeking to challenge a default judgment that may have been entered against them without proper notice. This form, governed by Code of Civil Procedure Section 473.5, allows a party to request that the court vacate a default judgment if they did not receive actual notice in time to defend themselves. To initiate this process, the motion must be filed within a specific timeframe, typically within two years of the judgment or within 180 days after receiving written notice of the judgment. Accompanying the motion, the party must submit an affidavit affirming that their lack of notice was not due to their own negligence or avoidance of service. The form also requires the inclusion of a proposed answer or response to the original complaint, demonstrating the party's intent to address the underlying issues. Understanding the requirements and processes involved in filing this motion is essential for anyone navigating the complexities of the California court system.

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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

➤ PDF File

Form Specifications

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	A motion must be filed within two years of the default judgment or within 180 days of receiving written notice of the judgment.
Actual Notice Requirement	To succeed, the moving party must demonstrate that they did not receive actual notice of the summons in time to defend the case.
Affidavit Necessity	An affidavit must accompany the motion, confirming that the lack of notice was not due to the party's own avoidance of service or neglect.
Response Opportunity	If the motion is granted, the court allows the party to file a response to the original complaint.
Burden of Proof	The moving party carries the burden of proof to show that their failure to respond was due to reasonable mistake, inadvertence, or excusable neglect.
Judicial Discretion	The court has discretion to grant or deny the motion based on the evidence presented regarding the party's lack of notice.

Motion To Set Aside Default Judgment Los Angeles California: Usage Guidelines

After completing the Motion to Set Aside Default Judgment form, you will need to file it with the appropriate court. You should also serve a copy of the motion on the other party involved in the case. Be prepared for a hearing where both sides can present their arguments. The court will then decide whether to grant or deny your motion.

Fill in the Case Information: At the top of the form, enter the case name and case number. This information is crucial for the court to identify your case.
Provide Your Contact Information: In the designated area, write your name, address, and telephone number. This allows the court and other parties to contact you.
State the Motion: Clearly indicate that you are moving the court to set aside the default judgment. Specify the dates of the default and the judgment.
Explain the Reasons: In the section provided, explain why you believe the default judgment should be set aside. Be honest and detailed about the circumstances that led to your inability to respond.
Attach Supporting Documents: Include any affidavits or declarations that support your claim of not receiving proper notice or any other relevant evidence.
Sign the Form: At the bottom of the form, sign and date it. This confirms that the information provided is true and accurate to the best of your knowledge.
File the Motion: Submit the completed form to the court clerk's office. Make sure to keep a copy for your records.
Serve the Other Party: After filing, serve a copy of the motion to the opposing party. This can usually be done by mail or in person, depending on court rules.
Prepare for the Hearing: Once the motion is filed and served, be ready to present your case at the scheduled hearing. Gather any additional documents or evidence that may support your request.

Your Questions, Answered

What is a Motion to Set Aside Default Judgment?

A Motion to Set Aside Default Judgment is a legal request asking the court to cancel a default judgment that was entered against a party. This motion is typically filed when the affected party did not receive proper notice of the legal action in time to respond. In California, this is governed by Code of Civil Procedure Section 473.5, which allows the court to reconsider the judgment under specific circumstances.

Who can file a Motion to Set Aside Default Judgment?

Any party who has had a default judgment entered against them can file this motion. It is particularly relevant for individuals who believe they were not properly notified of the legal proceedings. To successfully file the motion, the individual must demonstrate that their lack of notice was not due to their own avoidance of service or neglect.

What are the time limits for filing this motion?

The motion must be filed within a reasonable time frame. Specifically, it should be submitted no later than two years after the default judgment was entered or within 180 days after receiving written notice that the default or judgment has been entered, whichever comes first. Meeting these deadlines is crucial for the motion to be considered by the court.

What documents are required to accompany the motion?

When filing a Motion to Set Aside Default Judgment, the moving party must include an affidavit. This affidavit should be sworn under oath and explain why the party did not receive actual notice of the action in time to defend themselves. Additionally, a copy of the proposed answer or pleading that the party wishes to file must be attached to the motion.

What happens after the motion is filed?

Once the motion is filed, the court will schedule a hearing. During this hearing, both parties may present their arguments. The party requesting to set aside the default judgment will need to demonstrate that they had a valid reason for not responding initially. The court will then decide whether to grant or deny the motion based on the evidence presented.

Can a Motion to Set Aside Default Judgment be opposed?

Yes, the party who obtained the default judgment can oppose the motion. They may argue that the moving party has not met the necessary legal standards to justify setting aside the judgment. The court will consider both sides before making a decision. If the motion is denied, the default judgment will remain in effect.

Common mistakes

Incomplete Information: Many people fail to fill out all required fields on the form. Missing information can lead to delays or outright rejection of the motion.
Failure to Provide Supporting Affidavit: An affidavit showing the lack of actual notice is essential. Omitting this document undermines the motion’s validity.
Missing Deadlines: The motion must be filed within specific time frames. Ignoring these deadlines can result in a denial of the motion.
Not Demonstrating Excusable Neglect: Simply stating that you didn’t receive notice isn’t enough. You must show that your lack of notice was not due to your own negligence.
Inadequate Legal Grounds: Failing to establish sufficient legal grounds for setting aside the default judgment can weaken your case. Clearly state the reasons for your request.
Ignoring Court Rules: Each court may have specific formatting and procedural rules. Not adhering to these can lead to complications or dismissal of the motion.

Documents used along the form

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

Memorandum of Points & Authorities: This document provides legal reasoning and arguments supporting the motion. It outlines the relevant laws and explains why the court should grant the request to set aside the default judgment.
Opposition to Motion to Set Aside: If a party wishes to contest the motion, this document outlines the reasons why the motion should be denied. It often includes legal arguments and references to relevant statutes.
Declaration: A sworn statement from the respondent or another party, detailing facts that support the motion. This document is essential for demonstrating the lack of actual notice or other grounds for setting aside the judgment.
Notice of Motion and Motion for Assignment Order: This document requests the court to order the assignment of a judgment for collection purposes. It can be relevant in cases where a default judgment has been entered and the prevailing party seeks to enforce it.
Motion for Payment of Judgment by Installments: This form requests the court to allow a judgment debtor to pay the judgment amount in installments rather than a lump sum. This can be relevant when a default judgment is in place.
Motion in Limine to Exclude Evidence: This motion seeks to prevent certain evidence from being presented at trial. It may be filed in response to a motion to set aside if the opposing party intends to introduce evidence that could be prejudicial.
Petition for Family Visitation: In family law cases, this document can be filed to request visitation rights. It may be relevant if the default judgment involves custody or visitation issues.
Motions to Compel: This document requests the court to order a party to comply with discovery requests. It may be filed in conjunction with a motion to set aside if there are issues related to evidence gathering.
Summary of Formatting Rules: This document outlines the formatting requirements for legal documents filed in court. Adhering to these rules is crucial to ensure that motions and other filings are accepted by the court.

Each of these documents plays a critical role in the legal process surrounding a Motion to Set Aside Default Judgment. They help ensure that all parties have the opportunity to present their cases effectively and that the court has the necessary information to make an informed decision.

Similar forms

Here are five documents that are similar to the Motion to Set Aside Default Judgment in Los Angeles, California. Each document serves a specific purpose related to motions and court procedures.

Opposition to Motion to Set Aside Default - This document is used to argue against a motion to set aside a default judgment. It outlines reasons why the court should deny the request, often focusing on the lack of sufficient grounds for relief.
Motion to Vacate Judgment - Similar to the motion to set aside, this document requests that a court vacate a judgment already entered. It typically includes reasons why the judgment should be overturned, such as new evidence or procedural errors.
Motion for Payment of Judgment by Installments - This document allows a party to request that a judgment be paid in installments rather than in a lump sum. It often requires the party to demonstrate financial hardship.
Motion in Limine to Exclude Evidence - This motion seeks to prevent certain evidence from being presented in court. It is similar in that it is a formal request to the court regarding how the case should proceed.
Petition for Family Visitation - This document is used in family law cases to request court-ordered visitation rights. Like the motion to set aside, it involves asking the court for a specific ruling based on presented facts.

Dos and Don'ts

When filling out the Motion to Set Aside Default Judgment form in Los Angeles, California, there are important dos and don’ts to keep in mind. Here’s a straightforward list to guide you:

Do file your motion within the required time frame. You have a maximum of two years after the judgment or 180 days after receiving notice of the default.
Do provide a clear affidavit explaining why you didn’t receive actual notice of the summons in time to respond.
Do include a copy of the answer or other pleading you intend to file in the case.
Do ensure your reasons for not responding are valid and not due to your own neglect or avoidance of service.
Do keep a copy of everything you submit for your records.

Don’t wait too long to file your motion. Delays can weaken your case.
Don’t submit incomplete information. Make sure all required sections of the form are filled out.
Don’t assume the court will grant your motion without sufficient evidence. Be prepared to support your claims.
Don’t ignore the specific rules of the court regarding formatting and filing procedures.

By following these guidelines, you can increase your chances of successfully setting aside a default judgment. Approach the process with care and attention to detail.

Misconceptions

Misconception 1: A motion to set aside a default judgment can be filed at any time.

This is not true. In California, you must file the motion within a specific timeframe. You have two years from the entry of the default judgment or 180 days after receiving notice of the default, whichever comes first.

Misconception 2: You do not need to provide a reason for the motion.

Actually, you must provide a valid reason. The motion must include an affidavit showing that your lack of actual notice was not due to your own avoidance of service or neglect.

Misconception 3: The court will automatically grant the motion if filed.

This is a common misunderstanding. The court will review the motion and the supporting evidence. If you do not meet the legal requirements, the court may deny your request.

Misconception 4: Only defendants can file a motion to set aside a default judgment.

While it is primarily the defendants who file such motions, petitioners can also file if they believe a default judgment was entered against them improperly.

Misconception 5: You can simply explain your situation verbally in court.

Written documentation is essential. You must submit a formal motion along with supporting documents, including your proposed answer to the complaint.

Misconception 6: The process is the same in all counties.

Procedures can vary by county. For example, specific forms and filing requirements may differ between Los Angeles and Ventura counties, so it's important to check local rules.

Misconception 7: The motion can be filed without an attorney.

While individuals can represent themselves, it is often advisable to seek legal assistance. An attorney can help ensure that all necessary information is included and that the motion is filed correctly.

Key takeaways

Understand the purpose of the Motion to Set Aside Default Judgment. This motion allows a party to request that a court nullify a default judgment due to a lack of actual notice of the proceedings.
Familiarize yourself with Code of Civil Procedure Section 473.5. This section outlines the requirements and timeframes for filing the motion, which include a maximum of two years from the judgment or 180 days from receiving notice of the judgment.
Prepare an affidavit to accompany the motion. This affidavit must demonstrate that the lack of notice was not due to the party's own avoidance of service or neglect.
Include a proposed answer or pleading with the motion. This shows the court that the party intends to contest the original case and has a valid defense.
File and serve the motion within a reasonable time. Adhering to the specified time limits is crucial for the motion to be considered valid.
Be aware that the opposing party may challenge the motion. They can argue that the moving party has not met the burden of proof required to set aside the judgment.
Gather evidence to support your claims. The court will consider all evidence presented when deciding whether to grant the motion.
Understand that the court has discretion in granting or denying the motion. The outcome may depend on the specific circumstances of the case and the evidence provided.
Consult resources for additional guidance. Websites and self-help centers can provide valuable information on completing the motion and navigating the court system.