How Do You Vacate A Bad Legal Judgment In California Civil Court?
Pursuant to the California Code of Civil Procedure, you have the ability to vacate a bad legal judgment in California under certain circumstances. Commonly, the desire to vacate a bad judgment arises in the context of a small claims case. Indeed, in a California civil court a motion to vacate is the mechanism used to cause the reconsideration of a judgment arising out of a small claims case. Draft a motion to vacate. Within the motion, you need to set forth the specific reason why you feel the court should vacate a bad legal judgment. Understand that the reasons for vacating a judgment are limited. These include a failure to properly serve the defendant with a copy of the original petition in the case, failure to appropriately advise the defendant of the initial court date or dates, or a clerical error in the ultimate order issued by the court. Send a copy of the motion to the opposing party. Use certified mail, return receipt requested, so that you can verify sending the motion. File
