Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Hello and thank you for choosing Just Answer. Without seeing the judgment, it does not sound like a default judgment. A default judgment occurs usually where a Plaintiff (such as yourself) files a lawsuit and the Defendant is served but fails to answer. The same thing can occur when a Plaintiff fails to Answer a countersuit. It does not apply when hearing motions. In California, a motion for reconsideration must be filed within 10 days of the service of the Order. The Notice of Appeal must initially be filed with the Superior Court. Your new attorney will know these things and should go ahead and first file a Notice of Appearance if s/he has not already.
Actually, the order is not attached, but it is not important. A motion to set aside or vacate a judgment is generally made only in case of a clerical error. There are strict requirements for when it can be used. It must be brought within a "reasonable time." It does not sound like this motion would be appropriate in your case, but rather a motion for reconsideration.
The absolute maximum under the law for filing such a motion is six months after the judgment.