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Once a California Default Judgment Has Aged for Over Two Years, It Cannot Be set aside Unless the Proof of Service Is Void On It's Face

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A defult judgment can be obtained when a defendant is served with a complaint but does not file an answer with the court. To set aside a default judgment in California, either the judgment must be void on its face, or the motion brought within two years of entry. In a recent case the motion was filed more then two years after the judgment was entered. The trial court found that the evidence showed that there was no actual service on the defendant, and set aside the default judgment.


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Published In: Civil Procedure Updates, Civil Remedies Updates, Commercial Law & Contracts Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© James J. Falcone, Law Office of James J. Falcone | Attorney Advertising

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