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Steven Kincaid
Steven Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2363
Experience:  Experience working with evictions, subsidized housing issues and mobile home issues.
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In an Unlawful Detainer case in California, how do I have to

Customer Question

In an Unlawful Detainer case in California, how long do I have to file a motion to vacate a summary judgement and is it from the date judgement is entered or date notice of judgement was filed? Also, what is the time to notify the other side of the motion being on calendar (believe this differs in UD case)?
8/30/2016 Notice of Entry of Judgment Filed
8/23/2016 Judgment Entered
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Steven Kincaid replied 6 months ago.

It depends on the reason for vacating the Judgment. Also, are you trying to stay the eviction, or only vacate the Judgment?

Expert:  Steven Kincaid replied 6 months ago.

What is your basis for vacating it?

Customer: replied 6 months ago.
Only vacate the judgement. I've already received a 30 stay of eviction. How would the reason affect time to file?
Customer: replied 6 months ago.
Motion to vacate would be based on CCP 663
Expert:  Steven Kincaid replied 6 months ago.

Various bases have different deadlines. For a motion based on 663, you can either file: (1) After the decision is rendered and before the entry of judgment; or (2) Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest.

In most cases, the power of the court to rule on a motion to set aside and vacate a judgment shall expire 60 days from the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or 60 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, then 60 days after filing of the first notice of intention to move to set aside and vacate the judgment.

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