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Can I vacate/dismiss/set aside a stipulated judgement

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against me (the defendent), for...
Can I vacate/dismiss/set aside a stipulated judgement against me (the defendent), for unlawful detainer in Alameda County, CA when the plaintiff's complaint has no cause of action? Plaintiff's attorney cited a commercial property code supporting the "no notice needed" to end tenancy. I was living in a single family home for 3.5 years, tenant-at-will, before I was locked out by the sheriff last week after my ex parte stay of execution was denied based on the conditional judgement entered against me. I never rec'd 3 day notice, or a 30/60 day notice to end tenancy. And I only signed the stipulation at the pre-trial settlement conference because the mediator told me I could still lose at trial and be evicted and have it on my record because "technically [I] don't have any renters rights because [I] never actually paid rent." My rent was $0 and I even offered plaintiff 2-3x the mortgage to continue staying in my (former) home.Also, what happens to my affirmative defenses I noted in in my answer to the UD complaint? They seem to have been ignored. Very confusing and stressful to defend with out an attorney and now out of my car and different couches because I'm now HOMELESS.Any real answer that will not cost me $3500 (this attorney "personally knows plaintiffs attorney")-$5000 to help me will be much appreciated.
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 5 hours by:
11/24/2017
Lawyer: legalgems, attorney replied 8 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 8 months ago

I am terribly sorry to hear this;yes, self representation can be very difficult because in addition to procedural rules there are substantive rules and there is a lot of information one needs to be aware of.

So essentially a party can file a CCP 473 motion to vacate a judgment. This motion is based on the requesting party alleging that the judgment was entered due to mistake, inadvertence, negligence, etc;

please review the statute here:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=473.

This brochure discusses, on page 2, CCP 473 in the context of a default judgment, but the premises are applicable to any judgment:

https://saclaw.org/wp-content/uploads/sbs-relief-from-default-judgment.pdf

Additionally, at the end, there are sample motions which may be very helpful.

The party needs to convince the court that a reasonably prudent person would have made the same mistake so one would need to review the file and determine all facts that would support that. Self representation is usually not a factor as the court expects a self represented party to be held to the same standards as an attorney, in theory (some judges realize that is impractical and will make allowances).

If the judgment is set aside, the case would need to be relitigated.

At the hearing, the defendant would present any evidence they had in support of their affirmative defenses; affirmative defenses are the defendant's claim as to why the plaintiff should not prevail and the burden of proof for those issues switch to the defendant.

You may want to see if there is a local law school that offers landlord/tenant clinics to help review the documentation. Also some legal clinics offer landlord tenant assistance.

Page 2 here has some listings:

https://www.acgov.org/law/documents/Landlord-Tenant_&_Renters_Resources.pdf

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Lawyer: legalgems, attorney replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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Customer reply replied 7 months ago
Hi , sorry I’ve been super busy and running around like crazy moving all my trashed property (thanks to Landlord who took it upon her “helpers” to go through all my things , mix them up, pack up and throw in the garage until yesterday, day 14/15).I do have an Additional question, how do I go about writing the motion for default when i dis answer the complaint ? All the templates i fins are for not answering the complaint? I’m confused on that part if you could help point me in the right direction I’d really appreciate it .
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