Plaintiff is a Corporation filed in pro per. served papers on me on 2/11/2019 complaint was filed oct. 18 2018. As I'm about to file my answer plaintiff files proof of service and entry of default at the same time stating I was served on 11/2/2018 4 months ago even tho it had only been 23 days since served. the default was entered on 3/4/2019.
I'm now working on a motion to set aside the entry of default for C.C.P. Section 473(d): Default judgment is void due to judgment was procured by a fraud on the court. (C.C.P. Section 436). Plaintiff's Complaint was not filed in conformity with the laws of this state.
I have 2 motions 1 for the set aside judgement and 1 motion to strike filing in pro per as a corporation i also have my answer filled out.
My question is which order do I file them? I know of course the set aside motion and points and declaration must be filed to reverse the default but can I also file the motion to strike for filing in pro per as a corporation along with the set aside. and do i attach my answer as exhibit A to declarations? or does that then not allow me to file the motion to strike?
I know how to fill out all the needed motions and file them just dont know which steps to do first and not do first.
Thanks in advance...
1 Answer from Attorneys
File two motions at the same time.