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Filing a motion to set aside default judgement

San Mateo, CA |
Filed under: Landlord-tenant law

This is specifically in regards to the San mateo court. I notice that online there is no availability for motions to be heard until March 15th. But there is space to be placed on the presiding judges motion calendar. Which calendar will I most likely be placed on if the motion is in regards to an eviction case judgement.

Attorney Answers 3


  1. I have added Landlord / Tenant toyour categories so you can get answers.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. I would call the clerk of the department and tell them you have a motion to set aside the default on a default judgment issued by the judge of that department and you need to get a date ASAP so you can file, the long you wait the more prejudice to you! If they can't get a regular date, you can set an ex parte hearing for an order shortening time to file the motion and the court may give you an earlier date? If that fails for some reason, call the clerk in presiding and see if they will allow you to file the motion or have an ex parte to specially set the motion? You will need a legitimate reason as to why you failed to appear and demurrer or answer in the beginning, so you will need a notice of motion, motion, declaration in support and proposed order, if you have documents you will also need a notice of lodgment and lodgment including your marked or numbered exhibits. Make sure you serve the other side and bring an extra copy to conform file for yourself.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  3. Landlord Tenant disputes are usually on a different track than other cases in the court system. And by different, I mean expedited. Call the Landlord Tenant/Eviction clerk, or better yet, go to that clerk's window in person.

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