Legal Question in Family Law in California

If she filed a true OSC or motion to set aside the default and default judgment, she had to state the grounds for the request to set aside the default and default judgment. Normally, this is done via Motion rather than an OSC, and has her declaration along with Points & Authorities to support her position. It is difficult to advise you, but normally, the courts favor cases to be decided on the merits, and quite often grant motions to set aside default judgments if timely filed. Is there anything in particular that she disagrees with in the Default Judgment?

BARRY BESSER

www.besserlaw.com

You need to consult with an attorney to review the facts of the case and the recent filing to determine your best response.

From the zip code attached to this question, I presume you are located in Contra Costa County. In order to intelligently formulate a response to your wife's motion, I urge you to meet with an attorney to review the pleadings and provide an opinion. My offices are located in San Ramon CA and I offer a free consultation. My office number is 925-743-8666

She should have filed a motion to vacate the judgment and corresponding default, not an OSC. OSC's are frequently misused in family law. You need to be focused on the grounds she articulates for setting aside the default and default judgment, not the fairness of the judgment itself.