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Hi, I already WON a small claims case against...

Resolved • Response time 2 minutes

22 Jan 2022

Hi, I already WON a small claims case against my former landlord and now they have initiated a Hearing on Motion
to Set Aside/Vacate
473. Judgment (CCP
474.I am in The Pasadena Courthouse system for this in California.A few Q’s….Do I need to prepare anything?What will happen on this one is it mainly going to be them talking to the (former) defendant to see if they want to reopen the case?She completely didn’t show up to the last trial and claims she couldn’t get into the system online and was calling but I know she is lying because I saw stories on her Instagram at the exact time of her at a lake, can I present this as evidence that she’s lying?Thanks!
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22 Jan 2022

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Lawyer's response
22 Jan 2022
Matthew
Matthew
Attorney

Hello, I am Matthew, and I will be the attorney assisting you today. I am sorry to hear that you need legal help, I know that this can often feel out of your control, but I hope we can resolve this quickly.

Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship, and is only to help you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney.

Please also note that I am human, that I often need to research your answer to give you an accurate response, that I work with other customers and get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.

Yes you can file an opposition to the motion explaining why it should not be set aside such as she knew that she had trial and present that evidence.

22 Jan 2022
Customer reply
22 Jan 2022
The case is in a few days. Is it too late to file? Or can I present this the day of?
22 Jan 2022
Lawyer's response
22 Jan 2022
Matthew
Matthew
Attorney

You should file ASAP. It could already be too late but it's better late than never. You would then also likely be able to argue day of but you want the court to have your opposition before hand if possible so they know what to expect.

22 Jan 2022
Customer reply
22 Jan 2022
Honestly I’m not that worried if the case opens back up. If anything she will probably end up owing more money lol, should I just see what the judge says?
22 Jan 2022
Customer reply
22 Jan 2022
I think that’s my last Q thanks!!!!
22 Jan 2022
Lawyer's response
22 Jan 2022
Matthew
Matthew
Attorney

Unfortunately, that is the judge's decision and if so, that would be their problem paying it.

22 Jan 2022
Customer reply
22 Jan 2022
Ok cool! Thanks for your help!
22 Jan 2022
Lawyer's response
22 Jan 2022
Matthew
Matthew
You're welcome
Customer rating:
Matthew
Matthew
Attorney
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Expert
22 Jan 2022
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