The Mellor Law Firm, APLC

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Strict Time Limits For Court To Rule On Motion To Vacate Judgment.

February 26, 2016 by

Motion To Vacate Judgment Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate judgment. The Court of Appeal reversed both the order vacating the original judgment and the revised judgment, stating Code of Civil Procedure section 663a provides that the trial court’s failure to rule within 60 days after service of notice of entry of judgment or service of the first notice of intention to move to vacate, whichever occurs first, automatically results in a denial of the motion without further court order. (Garibotti v. Hinkle (Cal. App. Fourth Dist., Div. 3; December 29, 2015) 243 Cal.App.4th 470 [197 Cal.Rptr.3d 61].)

Filed Under: Appellate Law News, Legal News, Procedural Law News, Trial Law News Tagged With: § 663a, 197 Cal.Rptr.3d 61, 243 Cal.App.4th 470, CCP § 663a, Civ.Proc., Civ.Proc. § 663a, Code of Civil Procedure section 663a, section 663a

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Recent News

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Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

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  • Comprehensive Real Estate Legal Services
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  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
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  • Chapter 7 Bankruptcy
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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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