Select Motions/Applications. On August 11, 2015, Plaintiff Salvador Sanchez (Plaintiff) filed a complaint against Defendant Aldo Aguirre (Defendant) for assault and battery. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. Code, 2121.) (f)Except as provided in subdivisions (q) and (r), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. You may ask the, For more information about how to complete form FL-640, read, In general, there is no filing fee. (E)Is the primary caretaker of a minor victim. Section 405.30 (5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 , and that has sustained an economic loss as the result of a violation of Section 594 , 594.3 , 594.4 , 640.5 , 640.6 , or 640.7 . 1011 (11)Motion to Expunge Notice of Pendency of Action pursuant to If your courts family law facilitator or self-help center helps people withpaperwork related to requests to set aside, ask them to review your paperwork. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. Category: Civil Procedure - Default Judgments - Motions State: Multi-State Control #: US-01704BG Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Keep in mind that the family courts will not set aside a judgment simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the division of assets or liabilities to become inequitable, or the support to become inadequate. (Fam. (Turinchak 10.) (L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5 . Motion to Set Aside/Vacate Dismissal in California What Is a Motion to Set Aside/Vacate Dismissal? . The court has a form notice. (10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted. You can always see your envelopes (h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110 ) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order. You may be able to get the LCSA to agree on their own to cancel the existing order and calculate a new one, based on your income. Dept. Accessing Verdicts requires a change to your plan. Code, 2121. (6) Upon request of a movant, any hearing relating to the motion shall be conducted in camera. Computerized translations are only an approximation of the website's original content. In appropriate cases, the court may do any of the following: (A)Require the defendant to be examined by the district attorney pursuant to subdivision (h). (B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment. The declaration is written on pleading paper and is usually typewritten, and must be signed and dated under penalty of perjury under the laws of the State of California. You must respond to the papers you received if you want the court to know your position. (b) An affidavit or sworn testimony from an attorney, a member of the clergy, a medical professional, a trained professional staff member of a victim services organization, or other professional from whom the movant has sought legal counsel or other assistance in addressing the trauma associated with being a victim of sex trafficking. BACKGROUND FACTS (SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 517.) However, excepted from the rule are those instances where the attorney's neglect is of that extreme degree amounting to positive misconduct, and the person seeking relief is relatively free from negligence. But if you are asked to pay a fee and you cannot afford it, you can, The clerk will also give you a court date and write it on page 1 of your. File your proof of service. Your content views addon has successfully been added. Your subscription has successfully been upgraded. ), A motion seeking relief under 473 lies within the sound discretion of the trial court, which must be exercised in a manner which will serve the spirit of the law and serve the ends of substantial justice. This happens when the LCSA has no actual information on a parents income in the case, and they use an income amountusually, minimum wage based on a 40-hour work weekas his or her income. (e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code , or the state surcharge authorized in Section 1465.7 , and shall be deposited in the Restitution Fund in the State Treasury. 264 (b)Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. You can explore additional available newsletters here. ), A mistake justifying relief may be a mistake of fact or a mistake of law; A mistake of fact is when a person understands the facts to be other than they are; a mistake of law is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts. (Hodge Sheet Metal Products v. Palm Springs Riviera Hotel (1961) 189 Cal.App.2d 653, 656.) Get Form Now Download PDF . If it was denied, it means the child support judgment or order you were trying to cancel continues to be the courts order. If you wish to keep the information in your envelope between pages, The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214 . The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. 265 We will email you If you or your lawyer failed to meet a court deadline because of a language translation issue, physical or mental illness, or a disability, you may be able to set aside your judgment on this basis. stream You must file the request for order to set aside within 6 months after you discovered, or should have discovered, the perjury by the other side. CASE NO: BC610867 A defendant shall bear the burden of demonstrating his or her inability to pay. , Most motions are in writing. (8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following: (A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203 . If it was denied, it means the judgment or order you were trying to cancel continues to be the court order. Code, 2123.). ORDER ALTERNATIVE ORDER GRANTING MOTION TO VACATE DISMISSAL WITH CONDITION. On October 26, 2015, Plaintiffs counsel filed a reque ..t judgment package, and the hearing was continued until June 7, 2017. Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court. In either situation, the court eventually enters a judgment. (B)At the time of the crime was living in the household of the victim. A. Pursuant to California Code of Civil Procedure section 273(b): The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. What does this mean? Please wait a moment while we load this page. Nothing on this site should be taken as legal advice for any individual case or situation. (D)Is another family member of the victim, including, but not limited to, the victims fianc or fiance, and who witnessed the crime. Background This is a personal injury case. (2) At any time following the completion of sentence or disposition, a victim of sex trafficking convicted in county or district court of, or adjudicated in a juvenile court for, (a) a prostitution-related offense committed while the movant was a victim of sex trafficking or proximately caused by the movant's status as a victim of sex trafficking or (b) any other offense committed as a direct result of, or proximately caused by, the movant's status as a victim of sex trafficking, may file a motion to set aside such conviction or adjudication. Select Document event: `b/uZ b? Proc., 473(b); Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 254-55. Pursuant to the Family Code, the court has authority even after six months to grant a motion to set aside in limited circumstances if facts alleged as the grounds for relief materially affected the original outcome and that the moving party would materially benefit from the granting of the relief. (Fam. (1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. (C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order. ( Code Civ. Consideration of a defendants inability to pay may include his or her future earning capacity. (g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order. (7) An order setting aside a conviction or an adjudication under this section shall have the same effect as an order setting aside a conviction as provided in subsections (5) and (6) of section 29-2264. Steps to ask a judge to set aside an order The basic process to set aside an order or judgment is similar. Vacate Dismissal Proc., 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143. 4th 28, Ms. Heggie tried to set aside her divorce judgment that provided Mr. Heggie was to transfer funds from his IRA to her IRA. (d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. 1 : BC639876 WebThe moving party can file a separate declaration along with their RFO forms that sets forth that persons testimony as to why a judgment should be set aside. 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