Legal Question in Civil Litigation in California

default civil federal court

Can a motion 473 remove me from default?

By filing a 473 motion will it relieve my attorney from any miss doings in the case -

would this be wise to file a 473.

Thanks

The judge placed my case into default a few days before the trial & vacated the trial date. The judge stated in the default paper that my attorney did not file electronically to the court , he submitted manually his response to the court, The judge denied it for being late. The judge also stated my attorney had 4 months to registered & to set-up electronically as required by federal court . In a few days the judge will hold a hearing on the damages that the plaintiff is asking for At that time I cannot talk or defend myself at the hearing.

I sent an email to my attorney to file a motion asap to set aside the default -he did not respond to me. I then spoke to him by phone in which he said he cannot file to remove the default- there is nothing he can do at this time but wait for the judge to determined the damages.

Please what can i do ??? my hearing will be in 7 days

civil case in federal court in L. A.

Asked on 5/29/08, 6:08 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: default civil federal court

Your attorney will have to file a motion to be relieved from default, asap. If he won't or can't, then get new counsel to do so. Your problem is that you'll have to pay an attorney to do the motion, before he'll even talk about taking over the case.

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5/29/08, 6:31 pm
Gregg Gittler GITTLER & BRADFORD
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Re: default civil federal court

It seems unlikely that anyone but your current attorney will be able to do anything within the 7 days before your hearing. However, he has an ethical obligation to you to take whatever action he can to relieve you of the situation he has placed you in.

He should immediately (a) register to file on-line, and (b) file a motion under Federal Rule 60(b) for relief of the Court's order. If he fails to do so, and judgment is entered, you should hire a new attorney to file a motion to vacate the resulting judgment under the same rule, 60(b) of the Federal Rules of Civil Procedure.

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5/29/08, 7:29 pm
Gregg Gittler GITTLER & BRADFORD
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Re: default civil federal court

It seems unlikely that anyone but your current attorney will be able to do anything within the 7 days before your hearing. However, he has an ethical obligation to you to take whatever action he can to relieve you of the situation he has placed you in.

He should immediately (a) register to file on-line, and (b) file a motion under Federal Rule 60(b) for relief of the Court's order. If he fails to do so, and judgment is entered, you should hire a new attorney to file a motion to vacate the resulting judgment under the same rule, 60(b) of the Federal Rules of Civil Procedure.

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5/29/08, 7:29 pm
Edward Hoffman Law Offices of Edward A. Hoffman
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Re: default civil federal court

No. Section 473 is part of the California Code of Civil Procedure, so it applies only in state courts. Your case is in federal court and is governed by the Federal Rules of Civil Procedure. There may be a way for your lawyer to seek relief for his errors, but Section 473 won't be of any help to him.

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5/29/08, 6:13 pm

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