10805 Holder Street, Suite 167 Your credits were successfully purchased. Web2.1 Motions in General A request to set aside a default is made through a motion. We'll only use this email to send this link, Ten digit mobile number starting with the area code (e.g. The legal principles underlying the granting of motions under section 473 of the Code of Civil Procedure are comparatively simple and have frequently been announced by our appellate courts. The court may extend that stay for up to the duration of defendant's military service plus 90 days upon a showing that military duty continues to affect defendant's ability to appear. Upon the hearing of said motion, the only facts presented were those contained in the affidavits of plaintiff, Nell S. Robinson, and of Charles S. Litwin, one of the attorneys for defendant. The motion was supported by the affidavit of plaintiff and set forth that the motion "will be made under the provisions of Section 473, Code of Civil Procedure, on the grounds that the said Dismissal With Prejudice was signed, filed and entered by mistake, without any authority from the plaintiff, as will appear from her affidavit. If complex issues of title are tried in the unlawful detainer proceeding, the proceeding loses its summary character; defects in the plaintiffs title are neither properly raised in this summary proceeding for possession, nor are they concluded by the judgment. (Martin-Bragg v. Moore (Aug. 1, 2013, B238772) 2013 Cal.App. Plaintiff alleges that Defendants have breached a partnership agreement to operate a coffee house, and have threatened Plaintiff. Accessing Verdicts requires a change to your plan. Facsimile: 424.738.5080 COUNTY OF SAN GEMARDINO the day you served notice on the defendant, the date you received a default judgment (if there was one), if there was a trial, then the dates of the trial. 292068) avalafar@leechtishman.com JAMES A. ALDERSON, ESQUIRE (SBN: 241860) Moving Party: Defendants Joel Spence NELL S. ROBINSON, Respondent, v. ALBERT EDWARD HILES, Appellant. BACKGROUND That the affidavit of merits is insufficient in law; "3. Convenience of the courts is best served when motions to stay proceedings are discouraged. (Avant! If you are a lawyer, also include your bar number. Code of Civil Procedure, 1281.4 provides that [i]f a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. Code Civ. [7] In California it is settled law that mere employment of an attorney to represent a client in litigation does not carry with it the power to compromise that litigation. Analyzing the Motion to Set Aside Judgment, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/c\/c3\/Apply-for-Child-Support-Step-21.jpg\/v4-460px-Apply-for-Child-Support-Step-21.jpg","bigUrl":"\/images\/thumb\/c\/c3\/Apply-for-Child-Support-Step-21.jpg\/aid7650076-v4-728px-Apply-for-Child-Support-Step-21.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"