Fill in Your Motion To Set Aside Default Judgment Los Angeles California Template

In Los Angeles, California, a Motion to Set Aside Default Judgment serves as a crucial legal tool for individuals who find themselves facing a judgment they were unaware of due to improper service. This form is rooted in the California Code of Civil Procedure Section 473.5, which allows a party to request the court to vacate a default judgment if they did not receive actual notice in time to defend against the action. To successfully file this motion, the individual must act within specific timeframes—either within two years after the judgment or within 180 days of receiving notice of the default. The motion must include an affidavit affirming that the lack of notice was not due to the party’s own neglect or avoidance of service. Additionally, the individual must submit a proposed response or pleading to show their intent to contest the case. The court will evaluate the circumstances surrounding the failure to respond, including whether any mistakes or unexpected situations prevented timely action. This process not only seeks to ensure fairness in legal proceedings but also provides an opportunity for individuals to present their side of the story before the court. Understanding the nuances of this motion is essential for anyone looking to challenge a default judgment in Los Angeles.