Q: How do I ask the court to stay the enforcement of a default judgment entered against me fraudulently by my landlord?
Landlord initiated the UD complaint on June 1, amended it June 30, and applied to get said judgment entered July 28, all without serving me any papers whatsoever, or giving me notice of any kind. He did not attach a copy of the lease with either complaint, and that's because there's none! The 3-Day Notice he has attached makes no mention of any past due rent.
I received no notice of the judgment thus entered by either the court or the landlord. He had been appearing in pro per until an attorney substituted in on July 15. In his filing this attorney indicates that he's the new legal representative and is "party representing self," that the complaint was filed July 14, and that it was served on July 9. It's starting to look like an installment of the "Dumb and Dumbrer" movies!
Anyway, I applied for and was granted a Stay of Execution through September 16 once I discovered what was up when sheriff came and posted the notice August 9. I need to now get the judgment vacated by Sept 16.
A: You may move to have the default judgment vacated. California policy is to have cases tried on their merits, so they more often than not grant the motion. However, the judges have heard this story about not being served many, many times, so you have a credibility problem. You did not say how you found out about the complaint. However, unless you want to be kicked out, I suggest you retain an attorney -- actually pay him some money -- and let him take over your case.
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