How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9129
Experience:  Since 1983
9653905
Type Your Real Estate Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

I need to complete a Ex-Parte pleading to have a judgement

Customer Question

I need to complete a Ex-Parte pleading to have a judgement removed where the tenant won the unlawful detainer but the minutes don't show the witness for the plaintiff or the documents that we presented in court like the police report, the receipts for work completed, etc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
The Ex Parte Rules start at 3.1200 at
http://www.courts.ca.gov/cms/rules/index.cfm?title=three but some courts have additional local ex parte rules.
I am sorry but a defect or omission in the Minutes is not a basis to vacate a judgment.
Minutes are often very vague, they might say something like each party presented evidence and called witnesses, without even identifying the witnesses or evidence or even the Exhibit numbers, much less a description of each exhibit.
If you think the judge made the wrong decision, you can file a notice of appeal, see
http://www.courts.ca.gov/documents/app002.pdf
See
http://www2.courtinfo.ca.gov/protem/pubs/bg31.pdf
for the book most judges handling these cases look at first when they have a question.
I hope this information is helpful.

Related Real Estate Law Questions