![]() In a personal injury or property damage case, the amount awarded is limited to the amount of damages established by the evidence the plaintiff presents to the Court. In a breach of contract or collection case, the amount of the judgment is usually the amount requested by the plaintiff in the complaint. The plaintiff can also file a request for default judgment for the amount they claim is owed. ![]() If a defendant fails to respond, the plaintiff may ask the court to enter a default, cutting off the defendant’s time to respond. A letter or phone call will not protect the defendant. The response must be a formal written response filed in court and served on the plaintiff. When a defendant is served with a Summons and Complaint, the defendant has a limited amount of time (typically 30 days) in which to respond to the lawsuit. Responding to a Lawsuit (Answering a Complaint) Responding to a Debt Collection Lawsuit (Answer-Contract) This guide gives the steps to write and file such a motion, and includes templates you can adapt to fit your situation. This is also called a motion for relief from default or a motion to vacate judgment. If the defendant has a valid reason for not responding, such as never being notified, they may file a motion asking the judge to set aside the default judgment. If a defendant does not respond to a civil lawsuit, the plaintiff may obtain a default and default judgment, winning the case without the defendant’s participation. See the declaration of _,Īnd exhibits attached thereto, attached hereto and incorporated herein by reference.Motion for Relief from Default Judgment Template - RTF Plaintiff contends that the failure to attend the hearing on _, was due to the fact that counsel for plaintiff had to attend a _in the _Ĭounty Superior Court, _Courthouse. Plaintiff and other documents filed with the court, and the court’s minute orders. Because no appearance was madeĪt the hearing on _the Court ordered the case dismissed without prejudice. Order to show cause re: dismissal was scheduled for _. ![]() STATEMENT OF FACTS Plaintiff filed suit against defendants on _ alleging causes of action for _ and _. Pleadings and papers on file herein, and upon such other matters as may be presented to the court atĢ8 - 2 NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL ![]() This motion is based on this notice of motion and motion, the attached memorandum of pointsĪnd authorities, the declarations of _ and _ and exhibits attached thereto, the However, on, _the Court dismissed the case without prejudice for failure to The Clerk informed _that they would inform the Court of the _ could not appear due to a conflict, and that they were unable to find another attorney to on _, they were told that they had not yet located an attorney to make the special appearance and that it was unlikely they would be able to do so. Inadvertance, in that the failure of counsel for plaintiff, _, to make an appearance at the hearing was due to their having to attend a _in the _ County Superior Court, _Courthouse, and their secretary had hadĬontacted _ on _, to arrange for one of their attorneys to make a special appearanceĪnd was under the impression that they would take care of the appearance. _, under the provisions of Code of Civil Procedure § 473 on the grounds of mistake and Move this court for an order vacating the order of dismissal that was entered in this case on That as the matter can be heard, in Dept. PLEASE TAKE NOTICE THAT on _, at _, or as soon after 1 NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL Packages created and sold by LegalDocsPro visit this website: īe sure to remove these notices before using this document. To subscribe to my FREE weekly legal newsletter visit and enter your name and email address in the sign-up box. NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATIONS OF _ EXHIBITS DATE: TIME: DEPT: SUPERIOR COURT OF THE STATE OF CALIFORNIA Any Attorney or Party Any Street Any Town, CA 55555 71 Any Attorney or Party
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