This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Set Aside Petition Format In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000297
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Word;
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FAQ
How to ask the judge to set aside an order Fill out forms. Fill out the Request for Order (form FL-300) ... Write out legal reasons and facts. You must write out what happened and the legal reason why the judge should set aside the order. Include a proposed response. Make copies and file your request. File your forms.
The basic process to set aside an order or judgment is similar. Figure out if you have a legal reason. You need to give the judge a legal reason why they should set aside the order or judgment. Fill out and file forms. Fill out and file forms with the court. Serve the other side. Go to the court date.
If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
(f) The motion provided for in this section may be made only after one of the following conditions has occurred: (1) If the moving party is a plaintiff, and the defendant has already filed his or her answer to the complaint and the time for the plaintiff to demur to the answer has expired.
SAN DIEGO — California has passed Assembly Bill 2347 (AB 2347), extending the time tenants must respond to eviction notices. Governor Gavin Newsom signed the bill into law on September 24, 2024, and it will take effect on January 1, 2025. The bill will substantially change the state's eviction process.
How to Write an Eviction Notice Rental Addresses. Addresses of the rental property and landlord or property management company. Tenant names. Status and date of lease. The reason that the notice is being served. Notice period. Proof of service.
3-day Notice to Quit (Move out because of serious lease violation) A landlord gives their tenant a 3-day Notice to Quit (move out) if they think the tenant is responsible for serious problems at the rental home like: Causing or allowing a nuisance on the property (like a dangerous dog)
The eviction process for landlords Give notice. You have to give your tenant a written Notice before you start an eviction court case. Start a court case. Ask for trial date or default judgment. Go to trial. After the judge decides.