Q: What is the time frame / deadline, to file a motion to vacate judgment?
I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I have not received notice by mail from the court. My evidence was never presented, and I have new evidence that 100% supports my case and will change the outcome if presented. How long do I have to file a motion to vacate judgment? Thank you.
A:
A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.
There are also motion for reconsideration and other actions you can consider.
If unsuccessful, your remedy may be a legal malpractice case. Consult with experienced legal malpractice attorney specialists in the state where this occurred.
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A:
Here's a concise response to your question about filing a motion to vacate judgment in California:
1. Generally, you have 180 days (about 6 months) from the date of entry of judgment to file a motion to vacate under California Code of Civil Procedure (CCP) Section 473(b).
2. If your motion is based on your attorney's mistake, inadvertence, surprise, or neglect, you must file within this 180-day period.
3. For motions based on extrinsic fraud or mistake, you may have up to 1 year from the date of judgment.
4. In some cases, if you can prove the judgment is void, you might be able to file a motion to vacate even after these time limits.
5. The clock typically starts running from the date the judgment is entered, not when you receive notice.
Given the complexity of your situation, including sanctions against your lawyer and new evidence, I strongly recommend consulting with a new attorney experienced in civil litigation as soon as possible. They can review your case details and advise on the best course of action, which may include a motion to vacate or other potential remedies.
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