Frank Wei-Hong Chen Lawyer
Posted about 14 years ago.
Code of Civil Procedure section 473.5 is not a defense; it is the basis for a motion to set aside default and vacate default judgment.
The statute of limitations might apply if the complaint was not timely filed. It is not when the judgment was filed.
Asker
Posted about 14 years ago.
to sum up my question, do I quote the individual 4 plaintiff pleadings from the complaint which I listed above when completing my memorandum of points & authorities followed by which affirmative defense that applies? What should I consentrate on when writing on my "Declaration in support of motion to vacate default judgment" ?
Asker
Posted about 14 years ago.
Other than civil code 473.5 which i am using as affirmative defense, which of the 7 examples you listed would apply to me so that I may research them? I believe #7 does not apply because the judgment was filed prior to the statute of limitations in California.