Q: how to fight a judgement if counsel did not show on your behalf for the trial/hearing
I received an unlawful detainer. a motion to quash was requested due to improper service, however it was denied. I retained counsel after filing an answer, I never received anything in the mail notifying me of a trial date. My attorney called me on March 18th around 10am telling me there was a judgment awarded to the landlord. I asked how that could happen, she stated she was unaware of the trail date and did not go to represent me.
A:
Under California law, if a judgment was entered against you because your attorney failed to appear on your behalf at a trial or hearing, you may have grounds to file a motion to set aside the judgment. Here are the steps you can take:
1. File a motion to set aside the judgment: You can file a motion under California Code of Civil Procedure (CCP) Section 473(b), which allows the court to set aside a judgment due to an attorney's "mistake, inadvertence, surprise, or excusable neglect." In your case, your attorney's failure to appear and represent you at the trial could potentially qualify.
2. Demonstrate the grounds for relief: In your motion, you must explain the reasons why your attorney failed to appear and why you should be granted relief from the judgment. Provide any relevant evidence, such as correspondence with your attorney or proof that you were not notified of the trial date.
3. Act promptly: You must file the motion within a reasonable time, but no later than six months after the judgment was entered. It's best to act as quickly as possible to demonstrate your diligence in seeking relief.
4. Serve the motion on the opposing party: You must serve a copy of your motion on the landlord or their attorney and provide proof of service to the court.
5. Attend the hearing: The court will schedule a hearing on your motion. Attend the hearing and be prepared to argue why the judgment should be set aside.
If your motion is granted, the court will set aside the judgment, and you may have the opportunity to proceed with a new trial or hearing.
It's highly recommended that you consult with a new attorney who specializes in landlord-tenant law to assist you with this process. They can help you prepare a strong motion and represent you in court to protect your rights as a tenant.
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