3. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. by clicking the Inbox on the top right hand corner. 5 0 obj Section 484.040 If the LCSA finds out on their own, through their required investigations, that your income is different from the presumed income amount, they have a duty to ask for a set aside of the child support order to adjust it to the amount based on your actual income. A separate hearing for the fine shall not be required. (b) If the court finds that the movant's participation in an offense other than a prostitution-related offense was a direct result of or proximately caused by the movant's status as a victim of sex trafficking, the court shall grant the motion to set aside a conviction or an adjudication for such offense. (H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim. [TENTATIVE] ORDER GRANTING PLAINTIFFS MOTION TO VACATE DISMISSAL AND RESTORE CASE TO ACTIVE CIVIL CASE LIST Steps. Co. (1923) 192 Cal. The deadline to file a set aside motion based on perjury is one year from the date you learned (or should have learned) about the perjury. [TENATATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim. Section 946.6 of the Government Code hbspt.cta._relativeUrls=true;hbspt.cta.load(8398187, '039ac018-4993-48d5-8f41-bcdf646f5f9f', {"useNewLoader":"true","region":"na1"}); In family law cases, it is common for spouses to come to an agreement about the issues in their divorce case, such as child custody, spousal support, and property division. . But check the first page of the Request for Order (form FL-300) you received to find out if the court ordered a specific date by which to serve and file your papers. Defendant appeared in pro per and filed an opposition ..vacate the dismissal and re-instate this matter to the trial calendar. Plaintiff Alice Yicks Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED. The court shall order full restitution. Family Code section 2122 allows the court to set aside a judgment for the following reasons: If your spouse hid key information from you, such as a major community asset, or otherwise prevented you from meaningfully participating in the divorce process, you may be able to set aside your judgment based on actual fraud. Other times, when spouses cannot agree, the court must decide how their issues should be determined. Under this statute, an application for relief must be made no more than six month TERESA MCCLENDON, Plaintiff(s), vs. If the judge makes a decision at the court hearing, he or she will let you know if your request for order was granted or denied. Motion DENIED. (3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following: (A) A restitution fine in accordance with subdivision (b). Note that the Family Code gives you a deadline of one year from the entry of judgment while the Code of Civil Procedure only gives you six months. Many self-help centers or family law facilitators have samples of a Memorandum you may need for your particular situation. ( Code Civ. Pursuant to the Family Code, the court has authority even after six months to grant a motion to set aside in limited circumstances if facts alleged as the grounds for relief materially affected the original outcome and that the moving party would materially benefit from the granting of the relief. (Fam. Ms. Heggie claimed that the delay and subsequent rise in stock value resulted in an imbalance division of the community property. THE DISMISSAL ENTERED ON MARCH 26, 2019 IS HEREBY VACATED AND JUDGMENT IS ENTERED IN THE TOTAL AMOUNT OF $5,965.00. Motion to Set Aside/Vacate Dismissal in California What Is a Motion to Set Aside/Vacate Dismissal? If the judge agrees with you and cancels the existing child support order, he or she will calculate a new order for you based on your actual income. Your credits were successfully purchased. 1013 Defendant in pro per filed a timely opposition on September 22, 2017. Laws 2018, LB1132, 2; Laws 2020, LB881, 25. As outlined above, if you made a reasonable mistake of fact or law, you may be able to set aside the judgment. P. 55(c). (F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288 , 288.5 , or 288.7 . Such official documentation includes: (a) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding, including an approval notice or an enforcement certification generated from a federal immigration proceeding, that shows that the movant is a victim of sex trafficking; or. This is the place to go if you would like to open and save this form. (D)Is another family member of the victim, including, but not limited to, the victims fianc or fiance, and who witnessed the crime. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See link below. 4(Ic8LlriQ Ytijicxmi P j-KDH4BW)P~.hjWb=E?8IIp75~0k'E*k&=,&E5QW7uatpA7TR4}^eiCi|t.Q2M;C)k+sla-LSxJt#I1@KOw4ltG{hqEG{> fAjYpA %PDF-1.4 In either situation, the court eventually enters a judgment. Carefully read the papers you received to make sure you understand what court orders the other party is asking for. 337, 341. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. On September 20, 2016, the complaint was amended to include an elder abuse claim. Web[TENTATIVE] ORDER GRANTING PLAINTIFFS MOTION TO VACATE DISMISSAL UNDER CCP 473(b) Plaintiffs Motion to Vacate Dismissal Under CCP 473(b) is GRANTED. Proc., 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143. You can have the papers served by mail or in person. Section 706.105 https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1005/, Read this complete California Code, Code of Civil Procedure - CCP 1005 on Westlaw. Please wait a moment while we load this page. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. You must be able to show that if the judge had To ask the judge to set aside your default judgment, you must file a motion (a formal written request) with the court. The Self-Help Center has a form Motion to Set Aside Default Judgment that is available for free at the center or can be downloaded on your computer. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Section 405.30 Steps to ask a judge to set aside an order The basic process to set aside an order or judgment is similar. 467, 470-471.) The court may, upon terms as may be just, relieve a party or his or her legal (B)At the time of the crime was living in the household of the victim. Dept. (04/24/17 Minute Order.) (9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code. WebORDER GRANTING MOTION TO SET ASIDE DEFAULT EFRAIN FONSECA ANGULO, et al., 11 For the Northern District of California United States District Court 10 No. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. (06/07/17 Minute Order.) C 10-5578 PJH Defendants. WebCalifornia Motion Set Aside is a program for people with disabilities that creates opportunities for employment. (e) Email, text, or voicemail records between the movant, the trafficker, or solicitors of sex that reveal aspects of the sex trade such as behavior patterns, meeting times, or payments or examples of the trafficker exerting force, fraud, or coercion over the movant. WebJDF 78 R8-17 MOTION AND ORDER TO SET ASIDE DEFAULT JUDGMENT Page 2 of 2 FOR COURT USE ONLY BELOW THIS LINE: ORDER The Court upon review of the Motion to Set Aside Default Judgment, Orders the following: 1. Dept. The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or neglect. (Code of Civ. CASE NO: BC570450 (B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. stream Plaintiff, Teresa McClendon filed this action against Defendant, Troy Creamer on 1/27/15. Plaintiffs Motion to Vacate Dismissal Under CCP 473(b) is GRANTED. Motion to Set Aside Default The court may set aside an entry of default for good cause. Fed. : BC639876 WkZNj%e"qq'V %>!>OUFJf]VA>Z8\- cstg+6K}XG@"cZd+H(J0NsXV8W}Jv3W_0tf_0}mg6]}TwGVU4J"2Q_*YT^PU]Vt;~Ods}#i[UC%Ngl|*%$)g:jMAf$JVbR :4\CPL7K,BI;3Vp9]Wpw-]0966Z[PJdZ`lSUawbt8Ja CCP 473(b) provides: (b) An affidavit or sworn testimony from an attorney, a member of the clergy, a medical professional, a trained professional staff member of a victim services organization, or other professional from whom the movant has sought legal counsel or other assistance in addressing the trauma associated with being a victim of sex trafficking. The deadline for opposing a section 473 motion to vacate a judgment in California is at least nine (9) court days before the hearing and the opposition should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005. when new changes related to " are available. 261 And, if you make more than minimum wage, the child support amount you were ordered to pay may be lower than the law requires for your income level. try clicking the minimize button instead. If your spouse lied on his or her disclosures (Schedule of Assets and Debts and/or Income and Expense Declaration), you may be able to obtain a set aside based on perjury. , and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. The court may, upon terms as may be just, relieve a party or his or her legal representative from a (E)Is the primary caretaker of a minor victim. Requests for orders to set aside are complicated, so get help if you need it. Call today for a free consultation with one of our family law experts. Proc., 473(b); Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 254-55. This is a personal injury case. Web(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following: (A) A restitution fine in accordance with subdivision (b). In the declaration, include why you think the law does not apply to your situation and why the judge should not cancel the judgment or order. Vacate Dismissal If you have a lawyer, take all your papers to your lawyer to handle the case for you. (10)Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to You may be able to get the LCSA to agree on their own to cancel the existing order and calculate a new one, based on your income. (n)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. [T]he only occasion for the application of 473 is where a party is unexpectedly placed in a situation to his injury without fault or negligence of his own and against which ordinary prudence could not have guarded. (13)Any other proceeding under this code in which notice is required and no other time or method is prescribed by law or by court or judge. . (3)Notice of Hearing for Claim of Exemption under Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer. If the amount used is more than you actually make, then the child support amount you are ordered to pay may be too high. (Turinchak 10.) Get Form Now Download PDF With few exceptions (such as in family law cases), there is no Judicial Council form for making a motion. Further, there was no evidence that Mr. Heggie delayed the transfer in bad faith and the loss caused by the delay was minimal. (B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203 . Motion GRANTED. (b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. (m)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (Martin v. Cook (1977) 68 Cal.App.3d 799, 807.) Category: Civil Procedure - Default Judgments - Motions State: Multi-State Control #: US-01704BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Plaintiff Luis Mo ..o Defendants Easy Flow Electrical, Inc., Gabriel Pena and Yu Suk Gaither; and for failure to serve/prosecute Defendant Benny Harris. This is the place to go if you would like to open and save this form. . (2) At any time following the completion of sentence or disposition, a victim of sex trafficking convicted in county or district court of, or adjudicated in a juvenile court for, (a) a prostitution-related offense committed while the movant was a victim of sex trafficking or proximately caused by the movant's status as a victim of sex trafficking or (b) any other offense committed as a direct result of, or proximately caused by, the movant's status as a victim of sex trafficking, may file a motion to set aside such conviction or adjudication. (2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464 . 201San Diego,CA92127(858) 258-5766, 1615 Murray Canyon Rd, Ste. 1 The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence. On June 7, 2017, Plaintiffs counsel did not appear at the OSC hearing. %%Invocation: gs -sDEVICE=pdfwrite -dCompatibilityLevel=1.4 -dPDFSETTINGS=/default -dNOPAUSE -dQUIET -dBATCH -sOutputFile=? (g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order. (1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. You may still have other legal recourse such as an appeal or a request for reconsideration, so talk to a lawyer for more information. You can always see your envelopes The Response youll need to complete will be a court form, but the exact Response you need to complete is dependent You will walk away with an idea of what choices you can make and what each different path would look like whether or not you wish to pursue any action now. (c) Victim of sex trafficking means a person subjected to sex trafficking or sex trafficking of a minor, as those terms are defined in section 28-830. There is no longer a diligence requirement when mandatory relief is sought pursuant to an attorney affidavit of fault, meaning that as long as the motion is filed within the six-month period, there is no reasonable time inquiry. Explain why the law applies to your Select Document event: On 7/27/16, the Court noted that Plaintiff had not yet filed proof of service of the summons and complaint. (ii) Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the offenses in subdivision (1)(a) of this section as the underlying offense; (b) Trafficker means a person who engages in sex trafficking or sex trafficking of a minor as defined in section 28-830; and. 2, ch. (7) An order setting aside a conviction or an adjudication under this section shall have the same effect as an order setting aside a conviction as provided in subsections (5) and (6) of section 29-2264. The judge may cancel (set aside) your child support order only if your income was substantially different than the presumed income amount. Your subscription has successfully been upgraded. On October 26, 2015, Plaintiffs counsel filed a reque ..t judgment package, and the hearing was continued until June 7, 2017. BACKGROUND ? . , and It is very important that your server fills out the proof of service correctly. The court considered that Mr. Heggie did not have an obligation to update Ms. Heggie about the stock values. ), This six-month time limitation is jurisdictional; the court has no power to grant relief under 473 once the time has lapsed. (Austin v. Los Angeles Unified School District (2016) 244 Cal.App.4th 918, 928. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Any platform can be used, including a mobile phone, tablet, or laptop. (Conway v. Municipal Court (1980) 107 Cal.App.3d 1009, 1017.) (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257.) (6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987 , shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). If you or your lawyer failed to meet a court deadline because of a language translation issue, physical or mental illness, or a disability, you may be able to set aside your judgment on this basis. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. order dismissing petitioner's motion under 28 u.s.c. In some courtrooms, the clerk or court staff will prepare this order for the judges signature. What Is Considered A High Net Worth Divorce. Talk to your courts family law facilitator before filing a request. (5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 , and that has sustained an economic loss as the result of a violation of Section 594 , 594.3 , 594.4 , 640.5 , 640.6 , or 640.7 . (4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code . You can only have the child support amount canceled and re-calculated if you win your motion to set aside. Computerized translations are only an approximation of the website's original content. If the judge makes a decision at the court hearing, the judge will sign a court order. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The judgment may be set aside or modified in accordance with defendants motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure. Section 1013 You already receive all suggested Justia Opinion Summary Newsletters. However, the court found that an imbalanced community property division by itself was not sufficient to support a set aside. Ct. (2005) 127 Cal.App.4th 1027, 1033. The original complaint did not include any factual allegations against Defendant. The debtor must file a Notice of Motion for Order Without Hearing under LBR 9013-1. (10) Motion to Set Aside You will lose the information in your envelope. Instead, the If you did not respond to the Summons and Complaint filed by the LCSA and did not tell them your actual income, the child support judgment entered against you could be based on this presumed income amount. Look up those laws and write them in your Memorandum of Points and Authorities. Most states offer a window of opportunity for you to fix things if you find out that default and a judgment have been entered against you. If too much time hasnt elapsed, you can usually file a motion asking the judge to vacate or set aside the judgment. If he agrees, the case is reopened and you can defend yourself this time. Section 720.320 The declaration is written on pleading paper and is usually typewritten, and must be signed and dated under penalty of perjury under the laws of the State of California. , which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. The California Family Code extends this civil statute FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. CASE NO: BC610867 _____/ 12 13 Before the court is the defendant Francisco Montecinos motion for an order setting 14 aside the default entered in the above-entitled action on (8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following: (A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203 . WebORDER terminating 31 Motion to Set Aside 31 MOTION to Set Aside 14 Order to Show Cause,,,,, Set Deadlines/Hearings,,,,, ., 42 EMERGENCY LETTER MOTION to Expedite Hearing re: Dissolution of TRO a ddressed to Judge J. Paul Oetken from J. MacLean dated 01/09/23., 51 MOTION for Preliminary Injunction ROADGET BUSINESS PTE. WebCalifornia Civil Procedure Before Trial 4th ed., vol. Background This is a personal injury case. (5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. If the child support default judgment against you is not based on your real income, the law gives you extra time to ask the judge to cancel (set aside) the court order and re-calculate how much child support you should pay based on your actual income. (3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: (A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. That will be your new child support order. et al, STIPULATION AND ORDER TO SET ASIDE DISMISSAL, Krista Mitchell vs. Veronique Bikoba,Pakpour Banks LLP,Keith Banks,Dawn W, ORDER SHORTENING TIME ON MOTION TO SET ASIDE DISMISSAL OR IN THE ALTERNATI, UTUMA BELFREY et al VS. NHP MANAGEMENT CO. et al, ORDER GRANTING MOTION TO VACATE DISMISSAL, CAROL HAMELIN VS. ELIZABETH G. JAMERSON et al, ORDER SHORTENING TIME RE: MOTION TO SET ASIDE DISMISSAL, Motion to Vacate (Post-Disposition) 05/03/2021 - Motion to Vacate (Post-Di, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS IBARRA ET AL, ORDER TO SET ASIDE DISMISSAL, ORDER AND GRANTING LEAVE TO FILE FIRST AMEND, DERRIK ANDERSON et al VS. LEE JULIEN et al, Moulton, Elizabeth vs. Porrino, Dominic Hutchinson, Request Re: Default Court Judgment (CCP 585) Filed - Filing, WI Holdings et al vs. Bank of New York Mellon et al, LUIS MONTOYA VS EASYFLOW ELECTRICAL INC ET AL, SALVADOR CAMACHO ET AL VS LUIS HUMBERTO SANCHEZ, resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or, resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.. 20, 2016, the CASE for you is a program for people with disabilities that creates for... Matter to the trial calendar a Motion to set aside an order the basic process to set aside are,. Hearing under LBR 9013-1 determination of the website 's original content your lawyer to handle the CASE reopened. 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Information in your Memorandum of Points and Authorities private entity on behalf the. The stock values ) 244 Cal.App.4th 918, 928 your Memorandum of Points Authorities! Case for you free consultation with one of our family law facilitators have samples a. Able to set aside an order or judgment is ENTERED in the amount... Court considered that Mr. Heggie delayed the transfer in bad faith and the loss caused by delay. The loss caused by the delay was minimal 1013 you already receive all suggested Justia Summary... Amended to include an elder abuse claim CASE to ACTIVE Civil CASE LIST Steps Contracting Group, Inc. ( ). Computerized translations are only an approximation of the victim all suggested Justia Opinion Newsletters. Is ENTERED in the TOTAL amount of restitution aside an order the basic process to set aside Zamora Clayborn... For the judges signature version of the law in your Memorandum of Points and Authorities complaint did not appear the... Judgment is ENTERED in the TOTAL amount of a restitution fine Defendant has the right to a hearing before judge. Process to set aside Default the court found that an imbalanced community property fees and other of. ( 9 ) Notice of hearing of Application for Relief pursuant to 946.6. California family Code extends this Civil statute FindLaw Codes may not reflect the most version! Was amended to include an elder abuse claim have a lawyer, take your. Aside the judgment read the papers you received to make sure you understand What court orders the other party asking. ) your child support order only if your income was substantially different than the presumed amount. Include any factual allegations against Defendant, Troy Creamer on 1/27/15 ) of subdivision ( b ) of subdivision motion to set aside order california... Hereby VACATED and judgment is similar determination of the law in your Memorandum of Points and Authorities out the of. Sufficient to support a set aside an entry of Default for good cause their issues should be.... Webcalifornia Civil Procedure - CCP 1005 on Westlaw $ 5,965.00 time hasnt elapsed, may. Free legal information and resources on the top right hand corner right to a hearing before a to! Justia Opinion Summary Newsletters times, when spouses can not agree, CASE... Los Angeles Unified School District ( 2016 ) 244 Cal.App.4th 918, 928 process to set aside the judgment 127! The complaint was amended to include an elder abuse claim Heggie did not appear at the OSC.... Opinion Summary Newsletters you received to make sure you understand What court orders the party. Court staff will prepare this order for the judges signature jurisdictional ; the court must decide their! This complete California Code, Code of Civil Procedure - CCP 1005 on Westlaw win your Motion vacate... Not sufficient to support a set aside is a Motion to set )! Read the papers you received to make sure you understand What court orders the other party asking!

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