Legal Question in Civil Litigation in California

What is the form # for motion to vacate judgement in a case where the award is $70,000 ( not small claims ) for Superior Court of California ? Have only been able to locate form SC-135 ( small claims )

Asked on 6/12/13, 5:19 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

There are no standard forms for most types of superior court motions, including motions to vacate. The motions must be specially prepared. Given the amount at stake, you should get a lawyer to represent you if at all possible. Failing that, you should at least have one advise you while you represent yourself.

Good luck.

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Answered on 6/12/13, 5:42 pm

Anthony Roach Law Office of Anthony A. Roach

There is no form for that motion. You don't provide much information, but you may even be misstating the name of the motion. If you have had a trial, and think you are entitled to a new trial, then you would file a notice of intent to move for a new trial, and a new trial motion when the court set dates. If you have a default judgment, then you would file a motion to vacate. If you think the judge was wrong with respect to the law that was applied in your case, then you would file an appeal. All of those remedies have specific time limits.

I do suggest you speak to an attorney, and at least get a consultation to get you pointed in the right direction.

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Answered on 6/12/13, 6:11 pm
John Laurie Gertz and Laurie

There is not a form for this. If this is a default judgment you make a motion under ccp473. If this is after a judgment it is a motion for new trial.. Other situation require different types of motions or appeals. all of these have different time requirements in which you must actm some are very short so you should speak with an attorney ASAP.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/12/13, 10:36 pm

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