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  1. #1
    vash Guest

    can I file motion to vacate default judgement if it was denied?

    What is the name of your state?What is the name of your state? CA

    I have a default judgement against me back in 2001. I hired a lawyer to file a motion to vacate the judgement but he didn't argue the motion correctly and I lost the motion.

    The question is:

    1. Since the person who ruled on the motion is a commissioner, can I re-file the motion again and ask to be reviewed by a real judge?

    2. Since my lawyer didn't fully present my case to the court, with lots of omitted facts; I have other facts that can prove that I didn't know about the default judgement until recently, can I hire another attorney and re-file for the motion to vacate the judgement?
  2. #2
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by vash
    What is the name of your state?What is the name of your state? CA

    I have a default judgement against me back in 2001. I hired a lawyer to file a motion to vacate the judgement but he didn't argue the motion correctly and I lost the motion.

    The question is:

    1. Since the person who ruled on the motion is a commissioner, can I re-file the motion again and ask to be reviewed by a real judge?

    2. Since my lawyer didn't fully present my case to the court, with lots of omitted facts; I have other facts that can prove that I didn't know about the default judgement until recently, can I hire another attorney and re-file for the motion to vacate the judgement?

    The commissioner was the judge that day. Do you recall signing a stipulation allowing this?
  3. #3
    vash Guest
    Quote Originally Posted by --PARIDISE--
    The commissioner was the judge that day. Do you recall signing a stipulation allowing this?
    To tell you the truth, I don't know. My lawyer called the court to get a hearing and I was there on the day of hearing. My lawyer won't let me tell the commissioner the time and dates I learned of the default judgement; he wanted to do all the talking, eventhough some of things he said was wrong. Now that I lost the motion, I am wondering if I have a 2nd chance to get another lawywer to argue it correctly this time. The facts have not been changed but I just want the new laywer to present all the evidence to the hearing. What do I do in this case? Do you think the commissioner would hear the argument the 2nd time around? Do I have a chance to get a real judge hear this case now that I lost the motion?
  4. #4
    Shay-Pari'e is offline Senior Member
    Join Date
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    Location
    Bay Area, CA
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    10,184
    Quote Originally Posted by vash
    To tell you the truth, I don't know. My lawyer called the court to get a hearing and I was there on the day of hearing. My lawyer won't let me tell the commissioner the time and dates I learned of the default judgement; he wanted to do all the talking, eventhough some of things he said was wrong. Now that I lost the motion, I am wondering if I have a 2nd chance to get another lawywer to argue it correctly this time. The facts have not been changed but I just want the new laywer to present all the evidence to the hearing. What do I do in this case? Do you think the commissioner would hear the argument the 2nd time around? Do I have a chance to get a real judge hear this case now that I lost the motion?

    Please get a consultation from another attorney to go over all this and help you decide if it is worth the effort and money.

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