Opposing a request to set aside a judgment in California for extrinsic fraud or mistake

Opposing a request to set aside a judgment in California for extrinsic fraud or mistake is the topic of this blog post.

Opposing a request to set aside a judgment in California on the grounds of extrinsic fraud or mistake is the topic of this blog post.

Deadline for opposing a request to set aside a judgment in California for extrinsic fraud or mistake.

The deadline for opposing a request to set aside a judgment in California on the grounds of extrinsic fraud or mistake in California is at least nine (9) Court days before the hearing unless the court has ordered otherwise. The opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.

If you have been served with a motion to vacate a judgment in California on the grounds of  extrinsic fraud or mistake the first thing you should do is to carefully review the motion and supporting documents to determine if the moving party has any valid grounds for vacating the judgment on the grounds of extrinsic fraud or mistake.

Grounds for opposing a request to set aside a judgment in California for extrinsic fraud or mistake.

Common grounds for opposing a request to set aside a judgment in California for extrinsic fraud or mistake in California are that:

The moving party has failed to meet their burden of showing extrinsic fraud or mistake.

The moving party has failed to meet their burden of showing a meritorious defense to the complaint.

The moving party has failed to show a satisfactory excuse for their failure to timely answer the complaint.

The moving party has not shown reasonable diligence in seeking to set aside the default judgment once it was discovered.

Published decisions of the California Supreme Court and the California Courts of Appeal have stated that relief will be denied if a party has been given notice of an action and has not been prevented from participating therein. In those cases he has had an opportunity to present his case to the court and to protect himself from mistake or from any fraud attempted by his adversary.

And relief will be denied when the fraud or mistake is "intrinsic"; that is, when it "goes to the merits of the prior proceedings, which should have been guarded against by the plaintiff at that time."

Relief will also be denied when the complaining party has contributed to the fraud or mistake giving rise to the judgment thus obtained.

The law is well settled in California that a defendant seeking relief from a default judgment based on extrinsic fraud or mistake bears the burden of showing: 1) a meritorious defense; 2) a satisfactory excuse for failing to timely answer the complaint; and 3) reasonable diligence in seeking to set aside the default judgment once it was discovered.

Sample document for opposing a request to set aside a judgment in California for extrinsic fraud or mistake for sale.

Attorneys or parties in California that would like to view a portion of a 13 page sample opposition to a motion to set aside a judgment in California for extrinsic fraud or mistake containing brief instructions, a memorandum of points and authorities with citations to case law, sample declaration and proof of service sold by the author can see below.

Sample Opposition to Motion to Vacate Judgment for Extrinsic Fraud or Mistake in California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.