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Motion for Review to Vacate Default Judgment from 2006

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  1. I am defendant in the referenced matter and I am familiar with the facts of this case.

On December 23rd, 2005 Complaint dated 12/16/2005 has been filed with the court.

On December 30th, 2005 Complaint has been served to defendant.

On January 23rd, 2006 Answer dated 1/20/2006 was filed with the court.

On January 26th, 2006 Plaintiff has sent Plaintiff’s Interrogatories to Defendant.

On February 2nd, 2006 Defendant has hired Attorney XXX to handle and represent Defendant regards this matter since Defendant poorly spoke English and had no knowledge of the US Laws.  Copy of the Retainer is attached to support this motion.

On February 15th, 2006 Plaintiff has filed Motion for Summary Judgment dated 2/8/2006.

On March 15th, 2006 Plaintiff’s Motion for Summary Judgment has been granted.

On March 15th, 2006 Default Judgment has been entered in favor of the Plaintiff.

 On March 22nd, 2006 Attorney for Defendant has sent out letter to the court for adjournment request from the trail date of 3/24/2012 and to be rescheduled to 4/21/06.  Copy of this letter is attached to support this motion.

 On March 24th, 2006 Trail has been cancelled.

 Attorney XXX is no longer representing Defendant in this matter.

 Since the Attorney hire time, Attorney XXX has not properly handled Defendant’s matter.  Attorney did not respond or notified defendant of the current state or did not provided a legal advice of the current situation and possible legal actions against defendant.

 The Attorney has not tried or suggested to vacate judgment since it was just entered.

 To this date, the defendant did not have the opportunity to have adequate trail.

 Wherefore, defendant respectfully request to Vacate Default Judgment and reschedule for the new trial date.

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How can there be a default judgment when the plaintiff filed a motion for summary judgment?

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