it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:
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answered on Apr 4, 2024
Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More 
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answered on Apr 4, 2024
In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:
1. Pleadings (e.g.,... View More
Judgment entered was procured by fraud on the court by plaintiff, lack of standing, misrepresented facts, lack of due process of defendant. Judgement entered 3 months ago. Options would be a collateral attack on void judgement? Judgement can’t be attacked directly?
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answered on Apr 4, 2024
In California, even after a judgment has been entered, it is possible to file a motion to set aside and vacate the judgment under certain circumstances. California Code of Civil Procedure section 473(b) allows for relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect.... View More
Weighing my options. Filed my answer and opposing party moved for summary judgement without proper notices, misconduct, misrepresented facts which led to opposing party summary judgment being granted. judgment was entered 90 days ago. Figuring Options for relief. Motion to set aside and vacate... View More
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answered on Apr 4, 2024
In California, filing an answer to an unlawful detainer complaint generally means that you have made an appearance in the case, and the court has personal jurisdiction over you. By filing an answer, you are acknowledging the lawsuit and responding to the allegations made against you.... View More
can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More
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answered on Apr 3, 2024
Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.
In some cases,... View More
1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.
The Court here by (above ED) is given reason to substantiate unexpected complications.
Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More
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answered on Apr 2, 2024
Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More
I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More
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answered on Apr 2, 2024
I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.
In terms of your legal options to obtain your data, here are a few key points... View More
Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.
The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.
Notes: Granted we demurred outside of procedural rules (abhorrently).... View More
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answered on Apr 1, 2024
Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More
In an Unlawful detainer in California Defendant filed answer and demanded jury trial. Next plaintiffs counsel moved for summary judgement without the proper noticing per 31.52 1013 1170.7 Also 2 continuances of the hearing a day before the hearing for a new hearing only 2 days away. All notices... View More
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answered on Mar 31, 2024
Based on the information provided, it seems that the defendant may have grounds to request that the judgment be set aside as void under California Code of Civil Procedure (CCP) § 473(d). This section allows a court to set aside a void judgment, and a judgment can be considered void if the court... View More
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answered on Mar 31, 2024
Under California law, whether an item given to you becomes your legal property depends on the circumstances and the intention of the person who gave it to you. In most cases, if someone gives you an item of clothing as a gift for your personal use and keeping, with the intention of transferring... View More
It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option.... View More
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answered on Mar 29, 2024
In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property... View More
They were just under a year old we missed their first Xmas and new years. Right before a big case hearing they told us “we got lucky”” nobody could find the results, not the police that drove my baby away, not the hospital that starved my other baby and fed him Adavan a drug not approved for... View More
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answered on Mar 29, 2024
Under California law, Child Protective Services (CPS) has the authority to remove children from their homes if there is a reasonable suspicion of neglect or abuse, including exposure to drugs. However, they are required to follow due process, which includes providing evidence to support their... View More
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answered on Mar 27, 2024
In California Superior Court, if you're a plaintiff and wish to withdraw from a case, you should start by consulting with your attorney for guidance and understanding of the implications. This step is important to ensure that your withdrawal is legally sound and aligns with your best... View More
My roommate has decided to put a camera in the common area despite me saying I don’t consent to being recorded and don’t feel comfortable being recorded. I understand that she has the right to do so, but she is saying that she will bring me to court if I unplug the device or obstruct the view... View More
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answered on Mar 26, 2024
In California, the legality of recording in common areas is nuanced. If your roommate has installed a camera in the common area without your consent, and if this area is considered a place where you have a reasonable expectation of privacy, then their actions could be infringing upon your rights.... View More
I’ve dismissed my previous attorney of record for a civil case. I requested the case file but it is clearly incomplete. I’ve requested the rest but he is ignoring me. What steps do I take now? I do not have another attorney to replace him nor will I ever have a replacement.
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answered on Mar 25, 2024
In California, if your former attorney is not responding to your requests for your complete case file, you have several steps you can take. Initially, send a formal, written request via certified mail, specifying the documents you believe are missing. This ensures there is a record of your request.... View More
Upon my research, I found that the FERPA Act may be in violation because it doesn’t meet the exceptions, not sure if any other privacy and confidentiality laws have been infringed upon. I don’t have legal representation, nor did I state I would sue them. There is no criminal investigation nor a... View More
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answered on Mar 25, 2024
It sounds like you're concerned about the potential misuse of your private information by a school's attorney. Under the Family Educational Rights and Privacy Act (FERPA), schools are generally forbidden from disclosing personally identifiable information from students' education... View More
Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More
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answered on Mar 25, 2024
In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More
Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint
an application on Findings Order from demurring papers leave to amend in 20 days.
The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More
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answered on Mar 22, 2024
In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More
an application on Findings Order from demurring papers leave to amend in 20 days.
The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.
The technical issues was immediately resolved and resubmitted. Aft 3 more days the... View More
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answered on Mar 22, 2024
In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk... View More
If preparing false documentary evidence, such as a Subpoena, under penalty of perjury, with intent to produce it, and allow it to be produced for a fraudulent and deceitful purpose, as genuine and true, upon a trial, proceeding, and inquiry, whatever, to wit, by filing, causing to be filed, and... View More
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answered on Mar 21, 2024
Under California Penal Code 134, preparing false documentary evidence with the intent to deceive and using it in any trial, proceeding, or inquiry is considered a felony. This law does not limit its scope strictly to public offices or traditional courtrooms. Therefore, even if the false documents... View More
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