I filed for a default judgement, OP filed for motion to vacate. In the original complaint there were 8 causes of action. The oral arguments are coming up soon. In the event that the judge is leaning towards vacating the judgement, is it possible to request piece meal to maintain the default on certain causes of action and not others? Amongst the causes of action is breach of contract, and one cause in particular is to rule on a non-compete clause as invalid, and even if I have to fight on the breach of contract, would it be possible to request the judge to maintain the default on the non-compete?
I think that under 473(b) the excuse needs to be reasonable and there is a meritorious defense. In the case of the non-compete, they would not have a defense for its validity since California law invalidates nearly all non-competes. So, I was thinking in a worse case scenario if the judge decides to grant the motion to vacate the default, I could 'salvage' the default that the non-compete agreement is invalid because there is no meritorious defense on that issue.
OP argues that he did not believe service of process was proper so he did not answer. He admits receiving service but thought that since some of the claims in this action were also being litigated in another state, then he didn't need to answer.
We only have the entry of request for judgment so far. The actual prove up hearing will be next week where the actual judgment will be decided.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).