Yes, but for small claims court, you don't need to get legally technical. Just respond to the SC-108 with the facts and reasons why you believe the court ought to deny the plaintiff's request to vacate the judgment. Legalese is not necessary to get your point across/
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, consult with your own attorney.
While I cannot give you legal advice in this forum, I would suggest concentrating on making sure you properly present all the facts of the entire case in response to the SC-108. And, yes, you can plead unclean hands if you want to.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.