California | Civil Litigation
10/03/02, 4:33 pm
Legal Question
Motion to Vacate
I won a small claims court case against a company on 8/30/02. They did not show up for the trial even though they were correctly served by certified mail sent by the court. They have now filed a motion to vacate saying they did not appear ''due to an internal calendaring error, defendant was unaware that the hearing was set for August 30. Had the error not occurred, defendant would have attended to present its defense.'' What are their chances of having their motion granted and how do I successfully oppose it? Can they really get the judgement vacated just because they screwed up and didn't turn up for court?
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Read More Answered By: Timothy Canning |
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