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For "Infolawyer" Court issued a judgment against me (the…

For "Infolawyer" Court issued a judgment...
For "Infolawyer"
Court issued a judgment against me (the defendant) for failure to appear at trial. I am preparing to file a motion to vacate. There is no statement of decision. Including some of the other reasons to vacate a judgment, can I raise the following as prescribed pursuant to CCP section 581(d).
CCP Section 581, in part; (b) An action may be dismissed in any one of the following instances:
(d) Except as otherwise provided in subdivision (e), the court shall dismiss the complaint, or any cause of action asserted in it, in its entirely or as to any defedant, with prejudice, when upon the trial or before the final submission of the case, the plaintiff abandons it.(e) After the actual commencement of trial, the court shall dismiss the complaint, or any causes of action asserted in it, in its entirety or as to any defendant, with prejudice, if the plaintiff requests a dismissal, unless all affected parties to the trial consent to dismissal without prejudice or by order of the court dismissing the same without prejudice on a showing of good cause.Note: Plaintiff's verified Complaint:
WHEREFORE, Plaintiff prays judgment against Defendant, and each of them, as follows:
(1)...........
(2) For interest on the principal sum of $ 13,000.00 at thirty percent (30%) per annum from.......Question:Plaintiff's request was changed at the rate of 10% instead of 30% (as a result of my opposition to Plaintiff's motion for judgment on the pleadings in which I raised in my opposition on a ground of usury and there are several other points raised to plaintiff's allegations- Plaintiff did not file any response to my oppostions)Court denied the motion on 1/31/2018 and required me to prepare the order according to tentative ruling.
I prepared an order on 02.02.2018 and that was sent to the Court (I have not received court's signed order, yet)
Plaintiff appeared for a trial on 02/05/2018 and I failed to appear and judgment was ruled for my failure to appear)
I received a notice of the judgment on 02/14/2018 and will be filing a motion to vacate the judgement.Do you believe that Plaintiff's abandoning 30 % interest give me an added reason to argue in my motion ?
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Answered in 5 days by:
2/23/2018
INFOLAWYER
INFOLAWYER, Attorney
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Greetings! I am a legal expert on the site and am working on your question.Yes that is a valid argument to raise. Lack of notice and meritorious claims are the primary issues the court will examines relating to a default.Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you have a follow up, just reply and ask me!
INFOLAWYER
INFOLAWYER, Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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