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Experience:  30 years in Employment law
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What do I HAVE FILE, TO OVERCOME DISMISSAL WITH PREJUDICE

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What do I HAVE FILE, TO OVERCOME DISMISSAL WITH PREJUDICE AFTER AN EX PARTE HEARING SUSTAINING DEMMURE

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.

How 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.

http://www.occourts.org/self-help/smallclaims/whathappensafterthetrial.html

These are your next steps to try and correct this.I appreciate the chance to help you tonight.Sorry you had this happen here.

Customer: replied 6 months ago.
Do I have to file my complaint with the motion to vacate? If I do, is a memorandum of points and authorities needed?

You just file the motion to vacate here and you may want to have a memorandum with it to give it depth.Complaint here is aready on file.

Thanks for the follow up.

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

Customer: replied 6 months ago.
Please see my most recent question. I think your advise is excellent, the only reason I have not given you a rating is that I am still preparing the documents and made need addition help.State/Country relating to question: California

No problem talk to you soon.

Ray and other Employment Law Specialists are ready to help you

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