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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.
Excusable neglect, as the term of art suggests, occurs when there is a reasonable excuse for failing to answer. Id. at 207. The Court does not find the following acts to constitute excusable neglect: an improper calendaring of a response date, disruption of mail, or misunderstanding of the rules.
Section 473 - Mistake, inadvertence, surprise or excusable neglect (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in
To ask the judge to set aside (cancel) the default judgment or other order against you, you will have to ask for a court hearing. To ask for a court hearing, complete paperwork and file specific forms with the court (see below for how to complete your request).
Excusable neglect is found where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir.[
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One such procedure is to file a motion under Code of Civil Procedure 473(b) seeking relief from a default, judgment, dismissal, order, or other proceeding taken against you entered as a result of you or your attorneys mistake, inadvertence, surprise, or excusable neglect.
She sets aside time for meditation every day synonyms: allow, appropriate, earmark, reserve. type of: allot, assign, portion. give out.
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.
One such procedure is to file a motion under Code of Civil Procedure 473(b) seeking relief from a default, judgment, dismissal, order, or other proceeding taken against you entered as a result of you or your attorneys mistake, inadvertence, surprise, or excusable neglect.
Discretionary grounds the court may set aside default judgment in circumstances where (i) the defendant has a real prospect of successfully defending the claim and/ or (ii) there is some other good reason why the defendant should be allowed to defend the claim.

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