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Attorney2
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Satisfied Customers: 3800
Experience:  25 Years In General Practice,
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My case was moved from one court to another. I called the new

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My case was moved from one court to another. I called the new court department, the clerk told me that everything had been vacated. 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.
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.
Hello and thank you for your question.

The other party asked the judge to cancel the verdict. By vacating the Judge cancelled the verdict. You can ask the clerk for a copy of the file to see the exact paper work that was filed.

At this point the motion is vacated and you would need to file a motion for reconsideration.

This is the link for filing the motion for reconsideration http://www.courts.ca.gov/5804.htm

This is the code information, California Code of Civil Procedure section 1008(a)
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008

Please let me know if you have additional questions regarding this matter. It would be my pleasure to continue to assit you. Thank you for your question.
Customer: replied 1 year ago.

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.

Expert:  Attorney2 replied 1 year ago.
I am sorry for any confusion I have caused. The case was not vacated?
Customer: replied 1 year ago.

No the case was not vacated. All the motions and such were vacated.

Expert:  Attorney2 replied 1 year ago.
I am sorry. So are there any motions in front of the court that are not vacated?
Customer: replied 1 year ago.

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?


 


I had filed a request for extension, now the service is way overdue, how is that affected? Thanks.

Customer: replied 1 year ago.

Sorry, I have to leave, will be back in a couple of hours. Thanks

Expert:  Attorney2 replied 1 year ago.
If you want to continue with the case you would need to file a motion to reconsider to re-open the vacated motions. As far as not being able to serve one the parties have you tried to serve them by publication?
Customer: replied 1 year ago.

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?

Expert:  Attorney2 replied 1 year ago.
At this point there is nothing to extend. You need to file the motion to reconsider to open the matter back up. Did you need a copy of a motion to reconsider?
Customer: replied 1 year ago.

That would be great, thank you.

Expert:  Attorney2 replied 1 year ago.
This is the link for filing the motion for reconsideration http://www.courts.ca.gov/5804.htm.

Please do not hesitate to ask me any additional questions that you may have regarding this matter. Thank you.
Customer: replied 1 year ago.

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.

Expert:  Attorney2 replied 1 year ago.
You may want to check the court file and see exactly what happened. I cannot imagine that the clerk provided you with incorrect information. If you file the motion to reconsider you will need to provide notice. If you cannot find the party than you will need to provide notice by publication.

Let me know what the file shows.
Customer: replied 1 year ago.

With regards XXXXX XXXXX motion to reconsider, which section(s) applies in the link you gave me? Thanks.

Expert:  Attorney2 replied 1 year ago.
Which sections?
Customer: replied 1 year ago.

Yes, what I see when I pull it up is 1003 to 1008 a, b...

Customer: replied 1 year ago.

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.

Expert:  Attorney2 replied 1 year ago.
Without seeing the file I would have no way to know. The site provides guidance to questions that you may have but does not create an attorney client relationship. There is no substitute for having an attorney review the case and make recommendations based on the facts.

I wish I could do more for you. If a motion to reconsider needs to be filed the clerk should have a blank form for you. You would draft the motion on the form a file it with the court.


Please let me know if you have any additional questions for me regarding this matter. Thank you.
Attorney2, Attorney
Category: Legal
Satisfied Customers: 3800
Experience: 25 Years In General Practice,
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Expert:  Attorney2 replied 1 year ago.
Thank you.

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