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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37040
Experience:  30 years in Employment law
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Why is it that my question has not been answered? I placed

Customer Question

Why is it that my question has not been answered? I placed the request all most 14 hours ago.
Submitted: 27 days ago.
Category: Employment Law
Expert:  Ray replied 27 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 27 days ago.

Can you please repsot the questions I could not find it, be happy to help, also what state is involved here. thanks.

Customer: replied 27 days ago.
in California
Expert:  Ray replied 27 days ago.

So I need your question please I cannot find it onsite.Be happy to help I am familiar with California.

Customer: replied 27 days ago.
The Court sustained demure ex parte I did not know what term meant, on November*****granted defendant's motion to dismiss with prejudice for failure to state a cause of action.
Customer: replied 27 days ago.
what can I file to reinstate the complaint?
Expert:  Ray replied 27 days ago.

Here you go.

ow to Request that the Judgment Be Corrected or Canceled

If you think the judgment is wrong, and you appeared at the trial, you can ask to fix a clerical error or cancel the judgment because it is legally wrong. Either the plaintiff or the defendant can do this. A clerical error is when there is a mistake that the judge did not mean to make, like spelling a plaintiff’s or defendant’s name wrong. A judgment is incorrect or legally wrong if the judge did not apply the law to the evidence in the right way.

NOTE: If you did not appear at the trial, you must first file a Motion to Vacate Judgment and Declaration (Refer to above "If You Did Not Go To Court").

TIME LIMIT:

The request to correct or vacate the judgment must be filed with the court no later than 30 days after the clerk mailed the Notice of Entry of Judgment (SC-130) to the parties. Caution: Filing this form does not extend the deadline to file an appeal.

FORM:

Use the form called Request to Correct or Cancel Judgment and Answer (SC-108) to point out a clerical error in the judgment or to explain why it is legally wrong. The clerk will mail a copy to the other party. They have at least 10 days to respond to your request.

STAY OF ENFORCEMENT OF JUDGMENT:

The judgment cannot be enforced until the motion is heard or ruled on. This means that the defendant does not have to pay the judgment while the motion is pending.

RULING OR HEARING:

After approximately 15 days, the court will mail you its decision or set a hearing date.

These are your next steps to try and overturn and reinstate this.

I appreciate the chance to help and for your patience tonight.

Expert:  Ray replied 27 days ago.

If you can positive rate 5 stars it is much appreciated.