How do I respond on the 12/19th, at the motion to vacate in court without knowing what is in this file.

Asked 8 months ago - Manteca, CA

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.

Additional information

Motion of opposition filed against my Motion to vacate judgement , I was never served. what should I do before court

Attorney answers (1)

  1. Athina Karamanlis Powers


    Contributor Level 17

    Answered . 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... more

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