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Opposition to motion to set aside and vacate a judgment and enter another and different judgment in California

An opposition to a motion to set aside and vacate a judgment and enter another and different judgment in California is the topic of this blog post. The opposition to the motion should be filed and served at least nine (9) court days before the hearing and should be served by personal delivery or overnight mail pursuant to Code of Civil Procedure section 1005 unless the court has ordered otherwise.

Parties served with a motion to vacate and enter a different judgment should carefully review the motion and supporting declarations to determine what grounds exist for an opposition. The first possible ground for opposition is that the motion is not timely filed as in most cases the motion must be filed within 15 days if all parties are served with a notice of entry of judgment, either by the clerk of the court, or any other party. For more information parties should review Code of Civil Procedure section 663a.

The other grounds for opposition would be that the moving party has not met their burden of showing sufficient facts or evidence to support either of the two grounds listed in Code of Civil Procedure section 663 which states that,

“A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment:

1.   Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.

2.   A judgment or decree not consistent with or not supported by the special verdict.”

The party opposing the motion should include enough supporting facts and evidence to support the opposition such as the fact that a judgment entered after a court trial is consistent with the legal conclusion to be drawn from the facts as found by the court and that the motion may not challenge the factual bases for the decision of the court, and for a judgment entered after a jury trial that the judgment is consistent with the special verdict of the jury.

A California Court of Appeal ruled in a case from over 75 years ago that so long as the judgment rendered is the correct legal conclusion to be drawn from the facts found by the court, any motion to set aside and vacate a judgment and enter another and different judgment should be denied.

Another California Court of Appeal in a recent case ruled that a motion to set aside and vacate a judgment and enter another and different judgment cannot be used to challenge the factual bases for the decision of the court.

Attorneys or parties in California who would like to view a portion of a 10 page sample opposition to a motion to set aside and vacate a judgment and enter another and different judgment containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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