Husband Successfully Sets Aside Default After Six Month Timeline Expires
We successfully set aside a default even after the statutory six month limitation period expired
Husband sets aside default against him against all odds
California law generally limits the set aside of defaults in family law cases to 6 months after entry of default. It is difficult to obtain a set aside after that time-frame.
Our family law firm successfully did so on behalf of a husband who had his default taken nearly 11 months before hiring our law firm.
When the husband came to our family law firm for representation, he was a bit distraught. Although he had participated in the divorce filed by his wife, his last attorney had filed a motion to withdraw and left him unrepresented.
Meanwhile, his wife’s lawyers successfully obtained a terminating sanctions order against him for failing to respond to discovery (formal written) requests and failing to provide his mandatory disclosures. This terminating sanctions order against him had struck his response to the divorce petition and in June of 2011, a default was entered against him.
Even worse, his wife was seeking every bit of community property there was and every bank account and money they had. She wanted it all because she claimed he had absconded with money during the marriage.
The husband claimed he did not learn about the default until after the expiration of the 6 month time frame. Furthermore, he claimed he never got notice of discovery motions, terminating sanctions motion, terminating sanctions order and the default, among other things.
We pulled the entire Court file and reviewed everything. We found a series of due process violations that gave our client grounds to set aside the default and the terminating sanctions order. At the hearing, we successfully obtained an order setting aside the terminating sanctions order and setting aside the default against our client.