My question involves court procedures for the state of: CA
I'm the plaintiff in a small claims case against a tow truck operator who illegally towed my vehicle. Suing for illegal tow, vehicle damages, and improper tow procedure.
The defendant has been sued more than 40 times and every single time fails to show for the hearing, in the hope the Plaintiff doesn't show.
Then he files a motion to vacate the default judgment per CCP 116.720, again hoping the Plaintiff fails to show, and sends his partner in his place.
The defendant also is being sued on a separate case for over a million dollars. This case could resolve any time, in which he may end up filing for bankruptcy,
which he has already done once before.
I want to outflank his strategy, if he holds true to pattern.
Questions:
1) If he fails to show, and am granted default judgment, is there any point to a motion to immediately move to a writ of execution, showing evidence that the defendant repeatedly fails to appear to manipulate the justice system, and that I want to collect my judgment before this other case resolves, which may lock me out. Or will the judge refuse to do so because it effectively denies due process in not waiting for a possible motion to vacate?
1A) If my motion is actually granted, and defendant files a motion to vacate afterwards, does that automatically stay the writ of execution or must he file for a stay as well?
2) Assuming defendant presents some valid excuse under CCP for why he didn't show to the first hearing, what argument might I present at the hearing to vacate that might sway the judge to deny the defendant's motion? Does this ridiculous pattern of NEVER showing up hold any value?
Thank you.
I'm the plaintiff in a small claims case against a tow truck operator who illegally towed my vehicle. Suing for illegal tow, vehicle damages, and improper tow procedure.
The defendant has been sued more than 40 times and every single time fails to show for the hearing, in the hope the Plaintiff doesn't show.
Then he files a motion to vacate the default judgment per CCP 116.720, again hoping the Plaintiff fails to show, and sends his partner in his place.
The defendant also is being sued on a separate case for over a million dollars. This case could resolve any time, in which he may end up filing for bankruptcy,
which he has already done once before.
I want to outflank his strategy, if he holds true to pattern.
Questions:
1) If he fails to show, and am granted default judgment, is there any point to a motion to immediately move to a writ of execution, showing evidence that the defendant repeatedly fails to appear to manipulate the justice system, and that I want to collect my judgment before this other case resolves, which may lock me out. Or will the judge refuse to do so because it effectively denies due process in not waiting for a possible motion to vacate?
1A) If my motion is actually granted, and defendant files a motion to vacate afterwards, does that automatically stay the writ of execution or must he file for a stay as well?
2) Assuming defendant presents some valid excuse under CCP for why he didn't show to the first hearing, what argument might I present at the hearing to vacate that might sway the judge to deny the defendant's motion? Does this ridiculous pattern of NEVER showing up hold any value?
Thank you.
Default Judgments: Can You Keep a Defendant From Trying to Overturn a Default Judgment
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