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Not served with Notice of Motion and did not appear in court.. How do I set aside the order after hearing on the motion?

Los Angeles, CA |

The moving party served me with an unfilled notice of motion to request an order shortening time on FL-300. The court apparently granted the OSC, but to this day have never received a copy of FL-300 with the court date on it. I did not have notice of the court date, so I wasn't able to show up. The judge granted the orders requested in my absence. I have found lot of information on how to set aside a default judgment, but little about an order on a motion with no notice. Please provide the authority to set aside a order after hearing on a motion for lack of notice.

Attorney Answers 3

Posted

I suggest you immediately file a new request for order to set aside the prior order. In your papers you will need to show the court that you had no knowledge of the hearing date or other particulars. I strongly suggest you hire a family law attorney to help get this problem fixed.
Good luck

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Asker

Posted

What is the authority to set aside? Please provide CCP/FC or case.

Posted

This one is NOT a "do-it-yourself" project; before you spend time, trouble and money (there are filing fees and hearing fees) you should consult an experienced attorney to figure out your chances of setting the order aside, and the chances that the new order that gets made will be any more favorable to you.

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Posted

You said the moving party served you with an unfiled notice of motion to request an order shortening time on FL-300. Then you say that the court granted the OSC, but you say you never received a copy of the FL-300. I'm confused, if you were served with the unfilled notice, you were served. Motions need to be served and then filed, and OSC are to be filed and then served. In any event they have both been replaced with RFOs. If there was a request for an order shortening time, it may have been done on an ex-parte basis to have the matter heard sooner rather than later. What was granted exactly?
First issue is when did the court grant the order? In most cases such as set-aside, time is of the essence. If you can't afford an attorney, I would seek the assistance of the self-help center. However, these issues are very difficult to deal with, and proper points and authorities should be prepared in connection with an RFO. If you are still entitled to another bite at the apple, and I mean if, then you don't want to risk going in without all of the proper authority necessary to get you what you want, which I'm still not sure what that is.

The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.

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