went to Manteca Civil court on a Civil Harassment Restraining Order against a neighbor, to protect myself and our son whom has severe mental health issues due to a tour in Afghanistan. I was issued a temp restraining order on her prior to court. in court, the judge issued a restraining order against me even though I had not been served a notice, was not provided a copy of any documentation and so on. I filed a Motion to set aside judgment, served the party and filed all with Manteca court. Our hearing was 12/10 at 11 am, I was advised in court that the neighbor had an attorney, and that an Opposition was filed against my Motion. I advised the judge that I again was not notified of any of this. The judge said no proof of service was in the file, no Docs of attorney of record in file.
Motion of opposition filed against my Motion to vacate judgement , I was never served. what should I do before court
as i stated to you before you can access and copies of the document at the court but in those document you need to check for a specific one that is called proof of service.
if that document is missing then you need to ask to judge to dismiss the motion of the opposing party
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.