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Hello again,...I was doing some research after my morning questions to you and it seems, according to the superior court of los angeles website, under "motion to vacate judgement" that I can't do this UNLESS we've had a trial already and I actually get something from the court that states the judgement and starts the countdown.
Maybe I didn't explain my situation fully...I don't think I've had a "trial" yet, unless you consider the two "hearings" we've had so far "trials"? I'm confused. Please set me straight!
Ohhhhhhh, I see...well, what is it officially called when a judge "agrees" with the other party...this was a 2nd hearing because instead of just filing the "Answer" in this UD (ca), we chose to excerise our right to find defects in the summons and complaint and we did...THREE infractions..so, we filed a "quash" and a hearing was set...we went to that and that was a HARD lesson in how NOT to be a "pro se litigant" for your hubby when he's the "defendant" and you show up for him in court because he's recovering from dialysis (he's an end stage 5 renal failure patient and I thought I would be his "power of atty", and step in for him....not a good idea, and I found out, not a legal one either), anyway...that judge didn't even read or address the motion to quash (he didn't rule for the plantiff to quash based on "merit and predjudice"...I'm learning fast), so, he told me I had five days to "answer"...so, I filed a 2nd time, this time taking my name off of the filing, and setting another hearing date....2nd hearing comes and my sick husband gets up there before the judge, and you know the rest.....again, the judge said "file in 5 days", and I think I heard him say "I strike the motion to quash"....it's THAT "ruling" or whatever you call it that I wanted to "vacate/reconsider", whatever the legal term for what I want to do is called (IF I can do it), because of the fact that the Plantiff's counsel admitted, in open court, their motion to "Oppose" without ample time to read, and discover the descrepencies that were in that motion, as there were...in other words, I saw LIES, and no exhibits, as they declared there were, and it seemed as if the judge just ignored our merits and granted the Plantiff a "win", if you will.
Ok, so ....for every "hearing" there's a "ruling", right?...and the "trial" is the actual day we stand as two party's to decide the UD (Los Angeles Superior Court/Pasadena, CA) after I file the "Answer"....and I CAN file a "motion to reconsider" highlighting the "lie", "lack of evidence/no exhibit", etc..., and can I also file at the same time a motion or something that would actually have the judge place his decision in writing, incase I have to appeal in a higher court?
I want to put the "Answer" off until I have no other option, like after the Demurrer (this is where I want to try to bring to focus the "duly perfercted title" issue of the illegal sale of our home-that's ANOTHER question altogether, not there yet....actuallly doing LOTS of research on what cases have set up case law for what I'm trying to do)...Ok, so:
I can, by Monday, a "motion to reconsider"....do I need to FILE the original "motion to quash" as well (making two separate filings), or JUST the "reconsideration", with points and authorities, etc...?
Oh, and as far a "pro bono" help...I've looked EVERYWHERE first, and no one seems to do "post foreclosure/eviction"...don't know why, ...maybe because it's just a tangled web, my guess.
Ok, file both....now, in anticipation of the Plantiff's counsel to 'OPPOSE" that as well, as they will get at least 5 days before hearing to review it, can my husband, this time around, in court, legally refuse to answer it, on the grounds of last minute filing? What we're fighting for is to push the judge to rule on merit this time and our right to not be heard by the court's jurisdiction due to the infractions. Just an example of the first merit that was ignored...we sited the service...on the Plantiff's "proof of service", they listed one man who "posted" the notice (we learned that there has to be an "ex-parte" applicaton by the court and permission to post), that alone should have been grounds to dismiss the UD, aside from not placing a date of service, on the first page of the official summons-the Plantiff's "oppose" stated that there was ANOTHER individual who served us, and described me, who of course, I never met, but the individual who was named on the first UD summons and complaint...(I believe when I introduced myself to the Plantiff's counsel at the first hearing, perhaps he described my appearance, OR... the individual the signed off on the proof of service on the UD summons wasn't the individual at all-see how confusing this is, but I caught it, and want to bring that fact to light, were there TWO servers (highly unlikely) and if so, where was the Ex. that was stated in the "oppose" sited that new individual and his signed proof of service? I feel I have a legal issue here to bring to light.
Ok, so basically, if he's up there and feels that something isn't right, especially a last minute filing in open court by the Plantiff, then he must speak up and object, because when the judge asks "are there any questions", and both party's say "no", to the judge, he hears "no one is objecting ...I can now rule and move the case fw'd", right?
Also, one final question: when preparing my "motion to quash", will I reference it as such (since it's my 3rd attempt) :
"NOTICE OF 3RD MOTION AND MOTION TO QUASH SERVICE OFSUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
NOTICE OF 3RD MOTION TO QUASH AND MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
Ok, thank you for that clarification, I really do appreciate the time and energy you have spent on my questions. Believe me, if I had anymore "defense money", which we spent all of already, in the last few years trying to fight, I would NOT be doing this. I appreciate compentant attorney's and they rightly deserve their asking fees, because, as I am learning, there's ALOT to learn. At this point, you have answered all of my questions pertaining to this post.
"fighting mom of four" :)
One last thing...is this how I caption the other motion (to reconsider)
"NOTICE OF MOTION TO RECONSIDER JULY 22ND RULING FOR THE PLANTIFF’S MOTION TO OPPOSE MOTION DEFENDANT'S 2ND MOTION TO QUASH"
(of course, adding the points and authorities)
LOL...trying saying that really fast 5 times.
Thank you once again, and I hope you are recieving the "bonus's" that I've been sending you. The system sometimes does not allow you to continue asking questions (even though I'm a monthly member now) unless you "bonus", so, please tell me that YOU are getting it. If so, please know that if I had more $, I would send you more.
Hopefully I'll see you on the boards again as I continue to fight my way through this "pro per" maze!!!
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