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You must have misunderstood. There was no judgement, no hearing yet, only motions, interrogatories and requests. The case was moved to a different court location as I had filed in the inappropriate court. Everything was vacated said the clerk....
Again, what does that actually mean? Especially for service of the defendant that I have attempted w/o success as he moved out of state?
I had filed a request for extension, now the service is way overdue, how is that affected? Thanks.
No the case was not vacated. All the motions and such were vacated.
None that I know of, except for their 998 offer, I guess, not sure. I dismissed the served defendants that had made the offer. My main defendant is un-served as he moved out of state. I had asked for an extension but that was vacated... how is that affected?
What does that actually mean? Especially for service of the defendant that I have attempted w/o success as he moved out of state?
Sorry, I have to leave, will be back in a couple of hours. Thanks
The point is to try and serve the party by publication but before I can ask for that I need to know if I file a new request for an extension to serve or as you say file a motion to reconsider. However, since I think at the time I did not know I needed to send the request with a signed blank court order, I may be better off addressing a fresh request for an extension to serve and send the request to serve by publication at the same time. Is that possible?
That would be great, thank you.
Hi, thanks for the link... however, this is a bit confusing, is there a specific section(s) that applies to my case?
I received nothing in writing from the court, the clerk told me verbally. The court did send me a notice of status conference and order. Meanwhile I dismissed the served parties because I want to focus my energies on the main defendant as one counsel is handling the dismissed and would handle him if served. It is too much work for me with the little experience I have.
Should I still file the motion for reconsideration? Can I file a request for service by publication at the same time?
I will provide a bonus when we are done with this but I need to understand the answer so I can use it as I could not ask the same question again on the site w/o problems. Thank you.
With regards XXXXX XXXXX motion to reconsider, which section(s) applies in the link you gave me? Thanks.
Yes, what I see when I pull it up is 1003 to 1008 a, b...
Oops, I just realized that you stated the section in your previous response. Sorry about that... however, when I read it , it does not make sense to me, which is why I was wondering about the applicable section. The motions and requests were never even addressed, looked at or evaluated. Nothing was done on them because the court was moved before any could be addressed d/to an error in court location I had filed in. How can something that was never considered be subject to reconsideration?
What concerns me the most is the fact that these motions might not have been filed properly as I did not include an order for the court to file and, therefore, may not be addressed if I asked for reconsideration anyway.
Is the motion for reconsideration really what needs to be done? Thanks.