My question involves court procedures for the state of: California
A brief overview of the situation:
- I was a tenant in Los Angeles in March this year
- In April I was illegally evicted
- I was not returned 2 months deposit or a months rent I had paid in advance
- I filed a small claim in May
- Papers were not served correctly (my fault) although the defendant knew about the trial
- I attended the trial which was then postponed until September
- The papers for the new trial were served by the Sheriff in August
- I and the defendant conversed in person and by phone about the new trial date
- I attended the trial in September, the defendant did not
- The judgment was awarded
- The defendant applied for a vacation of judgement based on not knowing about the trial date
- A new date has been set to hear this claim
Now my problem is I will have to fly from another country to attend this new date, also the defendant has threatened to file a continuance as he knows I will be flying in for this date.
It appears it is possible to change the trial date right up until the date of the trial if a the court accepts a reason. As the defendant is a liar and has committed perjury already on his vacation of judgement form, I don't doubt that he will lie again to the court.
I have been looking online form my options, essentially what I want to do is send evidence to the court that he has lied on the vacation of judgement application. He told the court he only knew about the September trial date a week after the date, this is not true and I have reasonably good evidence of this. There appears to be a SC-105 form, but I am not clear what this is for, it seems very general.
I also have evidence he knew about the first trial and he has also sent e-mails with his intention to change the date to inconvenience me, maybe there some way to put all this together and make a complaint that he is perverting the course of justice?
A brief overview of the situation:
- I was a tenant in Los Angeles in March this year
- In April I was illegally evicted
- I was not returned 2 months deposit or a months rent I had paid in advance
- I filed a small claim in May
- Papers were not served correctly (my fault) although the defendant knew about the trial
- I attended the trial which was then postponed until September
- The papers for the new trial were served by the Sheriff in August
- I and the defendant conversed in person and by phone about the new trial date
- I attended the trial in September, the defendant did not
- The judgment was awarded
- The defendant applied for a vacation of judgement based on not knowing about the trial date
- A new date has been set to hear this claim
Now my problem is I will have to fly from another country to attend this new date, also the defendant has threatened to file a continuance as he knows I will be flying in for this date.
It appears it is possible to change the trial date right up until the date of the trial if a the court accepts a reason. As the defendant is a liar and has committed perjury already on his vacation of judgement form, I don't doubt that he will lie again to the court.
I have been looking online form my options, essentially what I want to do is send evidence to the court that he has lied on the vacation of judgement application. He told the court he only knew about the September trial date a week after the date, this is not true and I have reasonably good evidence of this. There appears to be a SC-105 form, but I am not clear what this is for, it seems very general.
I also have evidence he knew about the first trial and he has also sent e-mails with his intention to change the date to inconvenience me, maybe there some way to put all this together and make a complaint that he is perverting the course of justice?
Civil Procedure Issues: Contesting Vacation of Judgement
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