EKU Posted March 19, 2011 Report Share Posted March 19, 2011 Hi,I am a defendant in pro per in civil case in CA. Had to file a Motion to set aside default judgment, the hearing scheduled in 2 weeks.Two days ago Writ of Execution was issued and today I received Plaintiff's attorneys' Stipulation to set aside default and Order thereon and a Memorandum in Opposition to motion to set aside default Judgment saying "Plaintiff does not oppose setting aside the default and having defendant's proposed Answer be filed within 15 days of signing of this Order by Judge.I did send them back signed Stipulation and will file my Answer right away after Judge will sign it. How should I read "Opposition that does not oppose"? They do or they do not?? Any help will be greatly appreciated Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 19, 2011 Report Share Posted March 19, 2011 How should I read "Opposition that does not oppose"? They do or they do not?? Any help will be greatly appreciated Link to comment Share on other sites More sharing options...
EKU Posted March 20, 2011 Author Report Share Posted March 20, 2011 Thank you Chapel Hill... I knew they will fight and am working on my papers, stuck on Affirmative defenses though... but I will get it sooner or later... Link to comment Share on other sites More sharing options...
ConsumerAttorney Posted March 25, 2011 Report Share Posted March 25, 2011 How should I read "Opposition that does not oppose"? They do or they do not?? Any help will be greatly appreciated==================================================Why ask why? It's for better for you to make sure you have a tight answer filed and plan for discovery. It's clear that the other side doesn't have a problem trying the case, hence their non-opposition to your set aside motion. Get ready to fight. Get your discovery going and build a paper trail for appeal should your case not be resolved as you would want or need at trial. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 28, 2011 Report Share Posted March 28, 2011 More likely the other side knows the Judge will set it aside anyway. Judges want people to have their day in court. Default Judgments are frowned upon. Most Judges will bend over backward to allow people to have their day in court. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 28, 2011 Report Share Posted March 28, 2011 You are both correct. A part of it is, these things are probably set aside all the time anyway and even if the plaintiff opposed it - it would not have mattered. And the other side is okay with having this case decided on it's merits, a judgment after a MSJ or trial is rock solid and can practically never be opened up again. Link to comment Share on other sites More sharing options...
Seadragon Posted March 31, 2011 Report Share Posted March 31, 2011 It was pretty sad the defendant was all wobbly kneed and the Judge ruled in the defendants favor, but awarded attorney fees to the plaintiff one was for 655.00. afterward I kept track of the cases and every one after the answer was filed they dismissed without prejudice. alot easier to get 655.00 for a 40.00 debt, than to try to get a judgment from a judgment proof defendant. But to keep it on point the court also receives it's 30 pieces of silver too.$40.00 motion to vacate X 2$655.00 sanctions $225.00 for answerfinding out you got played by the court and the plaintiff, wait for it, pretty F***** up, you thought i was gonna say P******** didn't you? it is a registered trademark of a credit card company why would I say it here so they could sue me.The state of the system is sad so make sure you have a cross complaint. This will make the following scenario moot. Start Off with specific instances of affirmative defenses ie. first affirmative defenseStatute of limitationsplaintiff blah blah in excess blah blah time allowed yadavs.first affirmative defenseStatute of limitationssecond affirmative defensecontributory yada yadaThe more specific in the answer the more they have to work for summary judgment.just letting you know what I've seen in actual cases in California. Link to comment Share on other sites More sharing options...
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