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First, the party must file a Motion to Open or Set Aside. This must be filed within four months of the date of judgment. If the party does not file the motion by the four month deadline, he or she loses the ability to have the case reopened and his or her only other option is to file a new lawsuit.
Having an eviction on your record can be a major red flag and make it difficult to find a rental that meets your needs. Evictions stay on your record for seven years, but many people are not the same person they were seven years ago.
It is worthwhile to keep the following basic rules in mind while writing a judgment: ● Reasoning should be intelligible and logical. Clarity and precision should be the goal. Use of strange and difficult words and complex sentences should be avoided. A judge cannot use his personal knowledge of facts in a judgment.
Tenants cannot be evicted unlawfully in the state of California. However, a landlord has the right to evict a tenant after failing to pay rent on time.
(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written
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How to get an eviction off your record If you believe you were wrongfully evicted, take it to court. Pay (or settle) your rental debts. Ask to have collections removed from your credit report. Ask to have the eviction removed from tenant-screening reports. Make sure negative actions have been removed.
How can you get a stay of execution? A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved.
To expunge an eviction, a tenant typically files a form with the court in person, through mail, or e-filing online. The tenant is also required to serve the landlord involved in the action with notice of the filing.
In most (but not all) cases, you must file the appeal within 20 days of the date notice of the judgment or decision is issued by the trial judge or clerk.
Most of the Covid-19 emergency eviction protections have ended. This means that your landlord can start an eviction court case against you. Your landlord must always go through the court process and get the courts permission to evict.

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