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I was not able to get legal representation for a hearing and there was a summary judgment allowed.

San Diego, CA |

I was not able to get legal representation for a hearing and there was a summary judgment allowed for the other party. How many days do I have to have the case reheard? Or to set aside the judgment? Is it from the day the motion was granted or from the day the of the mailing of the notice of entry? Which day is the day of notice of entry?

Attorney Answers 5

  1. You have ten days from the notice of entry to move for reconsideration. Motions for reconsideration are highly technical, so you should get some assistance.

    If the court enters judgment before hearing the motion for reconsideration, it loses the ability to rule on the motion. You would then need a motion for new trial, which must be filed 15 days after service of the notice of entry of judgment. The five-day extension for mailing does not apply to this period.

  2. There is no such procedure as a motion to set aside a summary judgment, not like a motion to set aside a default. If you have a summary judgment against you, your remedy is to file a notice of appeal. However, your chances of prevailing on an appeal of a summary judgment are not good. You would need to show that the trial court that granted the MSJ made an error in the law.
    If you did not appear at the MSJ hearing or failed to file an opposition, you could try and request the court vacate the MSJ and allow you an opportunity to avoid essentially what was a default for non-opposition and hope the judge would allow you due process to be heard. if you filed an opposition and appeared to argue your case, your only remedy is likely the appeal of the MSJ. The court must treat you or hold you to the same standard as the opposing lawyer, even though you are not a lawyer.

    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. You would not have the right to have the summary judgment reheard, and unless you have valid grounds for reconsideration as set forth under Code of Civil Procedure section 1008, you would not be entitled to reconsideration. You will be sanctioned for filing a meritless motion for reconsideration. You cannot make a motion to set aside the judgment. There is no such thing.

    You might be able to file a motion for new trial, or you may be able to file an appeal, but regardless, you should not attempt to handle anything from hereon by yourself. You need an attorney.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  4. Hire an atty immediately. You have few options available, and none are attractive.

  5. This is a situation where you need to seek advice of counsel ASAP.

    This information is provided for informational purposes only and should not be relied on as legal advice. Nothing stated constitutes the establishment of an attorney-client relationship. You should not use anything stated without first obtaining the advice of an experienced attorney who has reviewed your particular situation in a private setting. You are welcome to contact my office and set up a free confidential consultation whereby I can have the time to fully discuss and analyze your particular situation before providing you with legal direction and/or advice.