Skip to main content

Fighting a default judgment pending prove-up... how? Illness sidelined me, in pro per failed, have medical doc/proof.

Santa Monica, CA |

In 2005, my husband (now deceased) convinced his mother to add himself and I to her 2nd property, XXXXXX in Norwalk, CA 90650. A joint tenancy deed between the 3 of us was processed at Norwalk in mid-2005.

We repaired the house to make it marketable; my husband and I contributed between $30-40K. The house did not sell and renters were brought back in.

In Nov 2011, my husband committed suicide. His mother demanded I remove my name from the property deed. I agreed if compensated for the renovations, when my husband died he left behind an avalanche of shared debt - taxes included. If I'd been able to let it go, I would have.

Seeing that I would not budge from my position, mother-in-law sued me. Their causes of actions were false, lies and they committed perjury in court. I can prove this

To support my position, I have neighbors of the Norwalk property that watched the house transform from a hovel to a decent family home, 4 real estate agents, financial records from vendors and a few other witnesses. I filed a Notice of Appeal which the court accepted on 11/21/2013. Additionally, a waiver of court fees was approved. However, when I pulled the LASC case summary to check for updates, I was surprised to read that the default judgment is pending a "prove-up hearing". So now, not sure what to do procedurally. Anyone interested? Any advice? Thank you.

Attorney Answers 3


  1. It is not entirely clear what you want, or what they want, or what each is or might be entitled to, which would required you to employ an experienced real estate attorney. While it is not completely apparent from what you say, the most appropriate remedy would appear to be an immediate motion to vacate and set aside the default based on mistake, inadvertence or excusable neglect. These are complicated motions and should not be attempted without experienced counsel.
    **************************************************************************************
    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


  2. You issues include in my opinion serious allegations inboth sites and it appears that people took advantage of you in every level. Attorney do this job. Helping people to seek justice. your issues are serious and need immediate help. Just call attorneys from avvo and ask them if they can help you.
    Some offices like mine can assist withyour matters.

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+. *the certification is not a specialty recognized by the California State Bar.


  3. An appeal is limited to a review of the matters contained in the record of the trial court. You must designate the portions of the trial court record that you want the appellate court to review. You cannot argue anything on an appeal that was not before the trial court. You cannot bring in new affidavits, witness statements, documents or anything else if it is not contained in the record that you requested that the trial court transmit to the appellate court. You need to meet with an attorney, pay for a consultation, and have the attorney review all of the relevant records in order to give you the specific advise that you badly need.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics