California  |  Civil Litigation

Legal Question

Asked on: 8/10/13, 10:37 pm

Iím a plaintiff proper, in a civil superior court case. The defense lawyer demurred my complaint and thereafter, retaliated against me with a motion. The court granted the defendantís vindictive motion and now I want to motion the court to set aside itís injurious order. My motion to set aside the courtís order will include pleading that supports the courtís order was based on a previous order that was vacated. And furthermore, the courtís order was made due to defense councilís alleged fraud, my mistake as a proper, inadvertence and surprise. My objective will be to propound discovery on the defendant to have court ruling on my first amended complaint. Should I motion with CCP 473 or CCP 663?

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