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Motion to Vacate- CA.

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Meg178

Junior Member
What is the name of your state? CA

I attended my small claims hearing. The defendant did not show up. I presented my case to the judge and was awarded a default judgment. Now the defendant is filing a motion to vacate. It is likely she will be awarded the "motion to vacate". Is this common? What can I do to keep my judgment?
 


Judgment!

Junior Member
Meg178 said:
What is the name of your state? CA

I attended my small claims hearing. The defendant did not show up. I presented my case to the judge and was awarded a default judgment. Now the defendant is filing a motion to vacate.


It is likely she will be awarded the "motion to vacate".

Yes.



Is this common?

Yes.



What can I do to keep my judgment?

Nothing.

There is a strong public policy preference for a trial on the merits, therefore an order denying relief from default "is subject to closer appellate scrutiny than one granting relief," and doubts are resolved in favor of the party seeking the set-aside relief. [Rappleyea v. Campbell, supra, 8 Cal.4th at 980, 35 Cal.Rptr.2d at 671-672] Thus, appellate courts are more inclined to affirm orders granting relief from default, because of the policy favoring trial on the merits. [Misic v. Segars (1995) 37 Cal.App.4th 1149, 1154, 44 Cal.Rptr.2d 100, 103]


IAAL
 
Last edited:

dcatz

Senior Member
You've gotten the right answers to your questions, but you might want to understand that the grounds for granting the requested relief are mistake, surprise, inadvertence or excusable neglect (or that she wasn't properly served and didn't get notice, which happens a lot in Small Claims courts). That's a big ballpark.

So if she says she had to rush her kid to the hospital, after he ate the rat poison, she'll be ok. If she says she had to take inventory at work that day (which has been heard), she shouldn't, regardless of the Court's preference for a hearing on the merits.

If the default is vacated and you're both there, you may be offered the opportunity to have a new hearing that day. Either of you can decline but, if you don't want to be running back and forth to court, go prepared.
 

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