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What constitutes excusable negligence?

Excusable negligence is one which ordinary diligence and prudence could not have guarded against.125 The circumstances should be properly alleged and proved. In this case, we find that Lui Enterprises failure to answer within the required period is inexcusable.

What does vacated by process of law mean?

A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.

How do I vacate a Judgement in California?

How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerks Office at the court where your case was heard. Pay the filing fee.

When can a court vacate its order?

The law is settled that any court of record including the Supreme Court has the inherent jurisdiction to set aside its own judgment given in any proceeding in which there has been a fundamental defect, such as one which goes to the issue of jurisdiction and competence of the Court. Such a judgment is a nullity.

How many times can a Judgement be renewed in California?

If the judgment is not renewed, it will not be enforceable any longer and you will not be able to get your money. Once a judgment has been renewed, it cannot be renewed again until at least 5 years later. But make sure it is renewed at least every 10 years or it will expire.

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