What is the name of your state (only U.S. law)? CA
The defendent did not show at the hearing and so a default judgement was issued. Now he filed a "Motion to Vacate" based on no service of the subpoena. He was properly served but we did not serve a copy of the subpoena... is this a justifiable reason to vacate the case? What are the chances the judge will vacate the case based on this reason? Does the judge decide before the new court date OR at the court date whether he will hear the case again?
The defendent did not show at the hearing and so a default judgement was issued. Now he filed a "Motion to Vacate" based on no service of the subpoena. He was properly served but we did not serve a copy of the subpoena... is this a justifiable reason to vacate the case? What are the chances the judge will vacate the case based on this reason? Does the judge decide before the new court date OR at the court date whether he will hear the case again?