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Pearl avatar
Lawyer's, Assistant
I want to know if the county clerk's office had the right to give my unfilled papers to a judge to then render a decision without my knowledge or presence. (I had dropped them off to be filed & picked up the following business day but was turned away 3 days in a row with the excuse "they're not ready"!) I called before driving to the clerk's office the 4th day and the assistant clerk told me that a decision had been made "Denied for failing to give Notice to the opposing side". Well, I had given more than 24 hours notice before I attempted to file, and was waiting to get papers filed with hearing date to then have those papers served by process server on opposition, I never got the chance. I was attempting to file Notice/Motion to Set Aside Default Judgement. It was not Ex Parte, and my Answer had been filed to the Unlawful Detainer Action, only to be vacated 5 weeks later by clerk's office. They notified me by mailed they had vacated my Answer, and instead honored the opposition's Request for Entry of Default Judgement, stating it was their "clerical error", as they'd received the Request a few hours earlier the same day, electronically. So, one of my affirmative defenses was 473(d) for the clerical error, as I never got my day in court to prove the underlying case was never verified, it was an illegal eviction, and the county Sheriff's deputy was actually my material witness to the lockout of my residence less than a week after I was served a 60-day Notice.
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: What steps have you taken so far?
Customer: I understand Read above
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes... I'm the beneficiary in my now-deceased Mother's Estate where I was residing. The Trust was altered after her death and My aunt, the successor Trustee is attempting to constructively disinherit me by her actions. My aunt filed a Hegsted Petition which is to be heard 10-25-22
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