A hearing on demurrer filed by defendant was held without the Plaintiff receiving notice of hearing. This same defendant's firm lied twice when being served that they were not representing the defendant on the case. Such lies delayed the proof of service process almost year. So the Judge wanted me to ensure I served all the parties accordingly and makes me go back throughout one year of continuances delaying the Case Management Conference to this February 14th, 2019. Yet Defendant can get away with filing for a hearing which doesn't properly notify Plaintiff of and the Judge finds it OK not to request proper proof of service be provided by he defendant? I am not a lawyer I realize that but not having the financial ability to hire one should not deny me the right to have my case heard in a court of law and for a proper judicial process to take place. I have been trying to save my home since June of 2014. I have an abundance of evidence where the Defendants broke the California Home Owner's Bill of Rights, illegally transferred Deed of Trust on a 10% loan which was already paid off ($56,400) denying to us the ability to use that line of credit to save our primary (only) home.
It is highly unlikely that any court would rule on a demurrer without a proof of service on file. So, either there is a proof of service, or a very unusual oversight happened here. If there is a proof of service, it is possible, especially by mail, that you simply didn't receive the moving papers. In any event, you may still be able to get relief from entry of the order, but you must move quickly. Your first move is not an appeal, but a motion for relief in the trial court. Understanding you cannot afford an attorney, try to get at least some legal assistance, at least for your motion, immediately.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline