Q: If judgement was entered, will the court acknowledge a new document/exhibit in a Motion to set aside and vacate?
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?
A:
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. Additionally, if the judgment was procured by fraud, lack of standing, misrepresentation of facts, or lack of due process, it may be considered void or voidable.
When filing a motion to set aside and vacate a judgment, you can include new documents or exhibits that support your claims. The court will typically acknowledge and consider these new materials when deciding on the motion. However, the court will also consider factors such as the timeliness of the motion, the validity of the claims, and the potential prejudice to the opposing party.
If the judgment is void (e.g., due to lack of jurisdiction or lack of due process), it can be attacked at any time. This is known as a collateral attack. In contrast, if the judgment is voidable (e.g., obtained by fraud), you may need to file a motion to set aside the judgment within a specific time frame.
Given that the judgment was entered 3 months ago, you should act promptly to file your motion to set aside and vacate the judgment. Be sure to include any relevant evidence and arguments supporting your claims of fraud, lack of standing, misrepresentation of facts, and lack of due process.
It is highly recommended that you consult with an experienced attorney who can help you navigate the legal process, prepare your motion, and present your case effectively to the court.
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