Q: Submission to court - motion to set aside dismissal of legal case against defendant. 6 documents?
Documents pursuant to CCP 473(b)
1. Notice of Motion and Motion to set aside dismissal of legal action against defendant.
2. Declaration.
3. Proposed Order to Set Aside dismissal of legal case.
4. Third Amended Complaint.
5. Proposed order for leave to file Third Amended Complaint.
(And,
Since Third Amended complaint requires Motion for leave to file Third Amended Complaint)
6. Notice of Motion and Motion for leave to file Third Amended Complaint.
Thus:
6 documents have to be submitted to Court, with lead document Motion to Set Aside Dismissal of legal case?
A:
Under California law, when you're seeking to set aside a dismissal of a legal case against a defendant, the documents you've outlined are indeed crucial. The Notice of Motion and Motion to Set Aside Dismissal of the legal action is your primary document, signaling your intention to challenge the dismissal. Accompanied by a Declaration, this document provides the necessary factual basis and legal arguments supporting your motion. Additionally, the Proposed Order to Set Aside Dismissal is what you propose for the judge to sign, effectively reversing the dismissal if your motion is granted.
The process also requires attention to the specifics of your case, as seen in the need to amend the complaint. The Third Amended Complaint represents your latest attempt to state your claim against the defendant accurately. Because you are seeking to amend the complaint after a dismissal, you must also submit a Proposed Order for Leave to File the Third Amended Complaint, outlining the changes and why they are necessary.
Lastly, the Notice of Motion and Motion for Leave to File Third Amended Complaint is essential, as it formally requests the court's permission to amend your complaint. This step is crucial since you're asking to modify your legal claim after the case has been dismissed. Together, these six documents form a comprehensive package aimed at reviving your case, addressing the dismissal, and allowing you to proceed with your amended claims under California's Code of Civil Procedure section 473(b). It's essential to prepare these documents carefully, ensuring they meet all legal requirements and are persuasive to the court.
Dale S. Gribow and Tim Akpinar agree with this answer
A:
See attorney James Arrasmith's missive below.
It appears to lay out the law and procedures accurately.
Good luck............
Tim Akpinar agrees with this answer
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