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MC-704 Order on Application to Vacate Prefiling - California Courts - courts ca

MC-704 Order on Application to Vacate Prefiling - California Courts - courts ca 2025

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The document is a court form (MC-704) used in California to request the vacating of a prefiling order and the removal of a plaintiff/petitioner from the Judicial Council's vexatious litigant list. It includes sections for attorney information, case details, and the court's decision on the application.

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What happens after the motion to vacate?

If the judge grants your motion to vacate, the case will begin again. You can then appear in court and assert whatever defense you have to the plaintiffs claims.

What is the rule 222.1 in California Rules of court?

Rule 222.1 of the California Rules of Court provides: A motion to compel answers or further answers to interrogatories or requests for admissions or to protect the responding party shall include a declaration stating facts to show that prior to the filing thereof counsel for the moving party made a reasonable attempt

What does a motion to set aside judgment mean?

A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.

What is a Prefiling order?

Prefiling OrderVexatious Litigant (VL-100) States the courts decision (order) that a person cannot file a new case in a California court without first getting permission of the leader of the court.

What is the reason for motion to vacate?

If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.

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What is a motion to vacate or set aside the Judgement in California?

Section 663a - Motion to set aside and vacate judgment (a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and

What is the difference between set aside and vacate?

Vacating or setting aside is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or no contest judgment). On the other hand, dismissing applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

What is CA rule of court 3.110 D?

(d) Timing of responsive pleadings The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

MC-704 Order on Application to Vacate Prefiling - California Courts - courts ca 2025

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What happens after the motion to vacate?

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What is a motion to vacate or set aside the Judgement in California?

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