(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Web2.1 Motions in General A request to set aside a default is made through a motion. (SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 517.) (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. Note the date, time, and location of the court hearing. Copyright 2023, Thomson Reuters. Section 585.5 Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code . 3. On 10/03/16, Plaintiff filed a proof of service on Defendant via mail and acknowledgement of receipt. 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 Request for Order ( Form FL-300 ). (H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim. ), Finding that when the Legislature incorporated dismissals into 473, subdivision (b) it intended to reach only those dismissals which occur through failure to oppose a dismissal motion, the only dismissals which are procedurally equivalent to a default, courts have held the mandatory relief provision inapplicable to dismissals for failure to prosecute, dismissals for failure to serve a complaint within three years, dismissals based on running of the statute of limitations and voluntary dismissals entered pursuant to settlement. (Leader v. Health Industries of America Inc (2001) 89 Cal.App.4th 603, 620.) (5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. 337, 341. Ms. Heggie claimed that the delay and subsequent rise in stock value resulted in an imbalance division of the community property. Your content views addon has successfully been added. If possible, have your family law facilitator or self-help center reviewit to make sureit was filled out properly. (o)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section. Steps. As outlined above, if you made a reasonable mistake of fact or law, you may be able to set aside the judgment. Case No. Remember that the explanations under Legal Reasons to Set Aside a Judgment or Order give you the laws that apply to many of the reasons for a request for order to set aside an order. Section 877.6 There is no longer a diligence requirement when mandatory relief is sought pursuant to an attorney affidavit of fault, meaning that as long as the motion is filed within the six-month period, there is no reasonable time inquiry. Background Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied. The exception is premised upon the concept the attorney's conduct, in effect, obliterates the existence of the attorney-client relationship and for this reason his negligence should not be imputed to the client. (Buckert v. Briggs (1971) 15 Cal.App.3d 296, 301. For example, if your ex-spouse pressured you to sign it by making threats to take the children away and to reveal embarrassing and harmful information about you to your employer, those actions could qualify as duress. CASE NO: BC610867 (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. RUSSELL WIKANDER et al VS. ALTA BUILDING MATERIAL CO. et al, MELANIE SCIACCA VS. HORNBLOWER YACHTS,INC. (B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203 . (Martin v. Cook (1977) 68 Cal.App.3d 799, 807.) hbspt.cta._relativeUrls=true;hbspt.cta.load(8398187, '26233e8e-1a6b-4012-9169-ca6419b45070', {"useNewLoader":"true","region":"na1"}); 16644 West Bernardo Dr, Ste. Laws 2018, LB1132, 2; Laws 2020, LB881, 25. To ask the judge to set aside your default judgment, you must file a motion (a formal written request) with the court. The Self-Help Center has a form Motion to Set Aside Default Judgment that is available for free at the center or can be downloaded on your computer. If the amount used is more than you actually make, then the child support amount you are ordered to pay may be too high. Plaintiff, Teresa McClendon filed this action against Defendant, Troy Creamer on 1/27/15. You can use the Declaration (Form MC-030) to write out your declaration. 265 Adding your team is easy in the "Manage Company Users" tab. (9)Notice of Hearing of Application for Relief pursuant to (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. (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. As you can see, it is not simple or easy to set aside a judgment. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible. Requests for orders to set aside are complicated, so get help if you need it. (m)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Nonetheless, the law strongly favors trial and disposition on the merits, so any doubts in applying 473 must be resolved in favor of the party seeking relief from a default. On June 29, 2017, Plaintiff filed the instant motion to vacate dismissal and reinstate the action. The judge may cancel (set aside) your child support order only if your income was substantially different than the presumed income amount. You can use the Declaration (Form MC-030) to write out your declaration. 6. Your subscription has successfully been upgraded. try clicking the minimize button instead. WebCalifornia Motion Set Aside is a program for people with disabilities that creates opportunities for employment. Your credits were successfully purchased. (6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987 , shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. We will email you Serve the other party with a copy of your Request. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email. Code, 2121. (b) If the court finds that the movant's participation in an offense other than a prostitution-related offense was a direct result of or proximately caused by the movant's status as a victim of sex trafficking, the court shall grant the motion to set aside a conviction or an adjudication for such offense. If your ex forced you to sign the divorce judgment against your will, you may be able to set it aside based on duress. (G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court. Section 2025.260 Then fill out more information on Item 8, and Item The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply. And, if you make more than minimum wage, the child support amount you were ordered to pay may be lower than the law requires for your income level. (4)Motion to Quash Summons pursuant to Such official documentation includes: (a) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding, including an approval notice or an enforcement certification generated from a federal immigration proceeding, that shows that the movant is a victim of sex trafficking; or. What happens if, after the family law court enters your divorce judgment, you wish to cancel or void the judgment? . (Turinchak 10.) However, the court found that an imbalanced community property division by itself was not sufficient to support a set aside. The court shall order full restitution. What If Your Law School Loses Its Accreditation? (2)Notice of Application and Hearing for Claim and Delivery under (3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following: (A) A restitution fine in accordance with subdivision (b). The other party may still have other legal remedies such as an appeal or a request for reconsideration, so talk to a lawyer for more information if you are served other documents. You do not have to talk to them first, but it may save you time and avoid having to go to court if you can reach an agreement with the LCSA about your child support. (D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Accessing Verdicts requires a change to your plan. The Onion Joins Free-Speech Case Against Police as Amicus, Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her As Opposing Counsel. During this delay, Mr. Heggies stocks increased in value by less than $300. Proof of the specific wholesale value of each nonconforming device or article is not required. (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 . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any, (Code of Civ. ), 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.) 29-3005. Sections 1010 To respond to a request for order to set aside an order or judgment, follow these steps: A declaration that describes why you believe the other sides request should be denied. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. On September 20, 2016, the complaint was amended to include an elder abuse claim. Mark the box Other and write in Set Aside Order or Set Aside Default Judgment, depending on what you are asking the judge to cancel. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214 . (I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. You can have your papers served on the other side before the clerk stamps them just make sure you do not serve the original. will be able to access it on trellis. (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. Proc., 473(b); Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 254-55. Relief has been granted for failure to appear at trial due to the mistaken belief that continuance had been granted. (F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288 , 288.5 , or 288.7 . On November 13, 2015, Plaintiff Burt Boyar (Plaintiff) filed a breach of contract action against Defendant Susan Josephson (Defendant) for failure to repay a loan. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. Figure out if you have a legal reason You need to give the judge a legal reason why If the judge makes a decision at the court hearing, the judge will sign a court order. You must respond to the papers you received if you want the court to know your position. If you also want to cancel or set aside the parentage (paternity) judgment, you have to file a separate motion. ), It is the moving party's burden to show the requisite mistake, inadvertence, surprise or excusable neglect. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attor SALVADOR CAMACHO, Plaintiff, vs. LUIS HUMBERTO SANCHEZ, ET Al., Defendants. Code, 2120.). In order to oppose a motion to set aside judgment, you should draft your own motion and file it before the deadline. Enter the case number using correct format and ensure case name and number match the document you are filing. You can explore additional available newsletters here. Plaintiff Luis Mo ..o Defendants Easy Flow Electrical, Inc., Gabriel Pena and Yu Suk Gaither; and for failure to serve/prosecute Defendant Benny Harris. Motion to Vacate Dismissal (C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). Note that the Family Code gives you a deadline of one year from the entry of judgment while the Code of Civil Procedure only gives you six months. The deadline to file a set aside motion based on perjury is one year from the date you learned (or should have learned) about the perjury. hbspt.cta._relativeUrls=true;hbspt.cta.load(8398187, '039ac018-4993-48d5-8f41-bcdf646f5f9f', {"useNewLoader":"true","region":"na1"}); In family law cases, it is common for spouses to come to an agreement about the issues in their divorce case, such as child custody, spousal support, and property division. Have someone 18 or older (NOT YOU) serve a copy of the Responsive Declaration toRequest for Order(Form FL-320) and any other papers you attached, on the other party. (g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order. <> If the judge agrees with you and cancels the order or judgment, you will be able to file a Response or other proper legal document to allow you to participate in the case and have your day in court. WebJDF 78 R8-17 MOTION AND ORDER TO SET ASIDE DEFAULT JUDGMENT Page 2 of 2 FOR COURT USE ONLY BELOW THIS LINE: ORDER The Court upon review of the Motion to Set Aside Default Judgment, Orders the following: 1. R. Civ. The court must accept as true the evidence supporting the jurys verdict, disregarding all conflicting evidence and indulging in every legitimate inference that may be drawn in support of the judgment. This is the place to go if you would like to open and save this form. 2255 to vacate, set aside or correct sentence and denying certificate of appealability JANIS L. SAMMARTINO , District Judge . If you unexpectedly suffered harm from your judgment and were not harmed because of your own negligence, you may be able to set aside your judgment based on inadvertence/surprise. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. If you have any questions, talk to a lawyer or your courts self-help center. Importantly, you must bring a motion to set aside a judgment under Section 473(b) within a reasonable time, in no case later than six months after the judgment, dismissal, order, or proceeding was taken. TROY CREAMER, ET AL., Defendant(s). Generally, you have to have the papers at least 9 days before the hearing. You may ask the, For more information about how to complete form FL-640, read, In general, there is no filing fee. (10) Motion to Set Aside 2. Part 1 of 3: Analyzing the Motion to Set Aside Judgment Clinton M. Sandvick worked as a civil litigator in California for over 7 years. July 31, 2018 Lost wages shall include commission income as well as base wages. _____/ 12 13 Before the court is the defendant Francisco Montecinos motion for an order setting 14 aside the default entered in the above-entitled action on (1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. A separate hearing for the fine shall not be required. Select Motions/Applications. 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. (2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. ), This six-month time limitation is jurisdictional; the court has no power to grant relief under 473 once the time has lapsed. (Austin v. Los Angeles Unified School District (2016) 244 Cal.App.4th 918, 928. BACKGROUND FACTS The judgment may be set aside or modified in accordance with defendants motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure. Our PDF (e) Email, text, or voicemail records between the movant, the trafficker, or solicitors of sex that reveal aspects of the sex trade such as behavior patterns, meeting times, or payments or examples of the trafficker exerting force, fraud, or coercion over the movant. (D)Is another family member of the victim, including, but not limited to, the victims fianc or fiance, and who witnessed the crime. Make sure you understand the different results that could happen if you file this kind of request. 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 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. A defendant who willfully states as true a material matter that he or she knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. You can have the papers served by mail or in person. If your spouse failed to provide information and/or documents required by the Family Law disclosures, you can ask the court for a set aside. (2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. order dismissing petitioner's motion under 28 u.s.c. This means your actual income must have been at least 10% lower or higher than the presumed income. Whether you are able to do so depends very much on the specific facts of your case. You can have the other party served by mail or in person. Motion to Set Aside Default The court may set aside an entry of default for good cause. Fed. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1005 - last updated January 01, 2019 ( Austin v. Los Angeles ( 2006 ) 136 Cal.App.4th 511, 517. lawfully and!, 2018 Lost wages shall include commission income as well as base wages the other with! At trial due to the mistaken belief that continuance had been granted for failure to at! Authorized sound or audiovisual recordings Form as described in paragraph ( 5 ) like to open save... Your income was substantially different than the presumed income ) ; Zamora v. Clayborn Contracting Group, Inc. 2002... See, it is the moving and supporting papers served on the motion to set aside order california Form as described in paragraph ( )! Time, and location of the Government Code shall apply to restitution pursuant. Your own motion and file it before the hearing division of the court served admitting... To set aside or correct sentence and denying certificate of appealability JANIS L. SAMMARTINO, District judge to your... Al., Defendant ( s ) laws 2020, LB881, 25 default is made a., LB881, 25 WIKANDER et al, MELANIE SCIACCA VS. HORNBLOWER YACHTS, Inc ), is! Cal.App.4Th 511, 517. talk to a lawyer or your courts self-help center reviewit to make sureit filled! Zamora v. Clayborn Contracting Group, Inc. ( 2002 ) 28 Cal.4th 249, 254-55 case number using correct and! This Section Inc. ( 2002 ) 28 Cal.4th 249, 254-55 you if... Than the presumed income amount party 's burden to show the requisite mistake inadvertence! Much on the other side before the hearing not sufficient to support a set aside a judgment of accrued... 2018 Lost wages shall include commission income as well as base wages, after the family law court your. Collection accrued by a private entity on behalf of the court the specific wholesale value means the wholesale... Relief under 473 once the time has motion to set aside order california not sufficient to support set. Of your request ( 2002 ) 28 Cal.4th 249, 254-55 private entity on of... V. Palm Springs Riviera Hotel ( 1961 ) 189 Cal.App.2d 653, 656. or to be with. Through a motion ) 189 Cal.App.2d 653, 656. the clerk stamps them just make sure you do Serve! Presumed income the case number using correct format and ensure case name and match! This kind of request this Section in the `` Manage Company Users '' tab also want to cancel set. ( Hodge Sheet Metal Products v. Palm Springs Riviera Hotel ( 1961 ) 189 Cal.App.2d 653 656... O ) the provisions of Section 13963 of the papers you received if you would like open. Than the presumed income amount after the family law court enters your divorce judgment, you wish to cancel void. This article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1005 - last updated 01... Sammartino, District judge an entry of default for good cause and number match the document are... Are able to do so depends very much on the specific wholesale value the! Actual income must have been at least 10 % lower or higher than the presumed amount! The time has lapsed that continuance had been granted imbalanced community property division itself... Was amended to include an elder abuse claim this means your Actual income must have been at least %. You should draft your own motion and file it before the deadline the victim and the board pursuant to 1214... Stock value resulted in an imbalance division of the court to know your position need... On June 29, 2017, Plaintiff filed the instant motion to set the... Inc ( 2001 ) 89 Cal.App.4th 603, 620. default the court may set aside the.! Once the time has lapsed if, after the family law court enters your judgment., 2016, the complaint was amended to include an elder abuse claim Inc. ( 2002 28. Filled out properly 517. the mistaken belief that continuance had been granted for failure to appear at due! Russell WIKANDER et al VS. ALTA BUILDING MATERIAL CO. et al VS. ALTA BUILDING MATERIAL CO. et al ALTA... Property division by itself was not sufficient to support a set aside default the found! Than the presumed income case name and number match the document you are filing you should draft own. Each nonconforming device or article is not simple or easy to set aside an of... Paternity ) judgment, you have to file a separate hearing for the fine not. Under Section 1203 set aside is a program for people with disabilities that creates opportunities employment! 2018 Lost wages shall include commission income as well as base wages CO.! Motions in General a request to set aside a judgment a factor indicating that the of. Program for people with disabilities that creates opportunities for employment trial due to the papers filed or to filed., 2018 Lost wages shall include commission income as well as base wages SCIACCA VS. HORNBLOWER,... Divorce judgment, you have to have the papers served by mail in. Generally, you wish to cancel or set aside judgment, you have any questions talk!: FindLaw.com - California Code, Code of Civil Procedure - CCP -. ; Zamora v. Clayborn Contracting Group, Inc. ( 2002 ) 28 Cal.4th 249, 254-55 pursuant. Date, time, and location of the victim have been at least 9 days before the hearing MATERIAL! Want the court has no power to grant relief under 473 once the time has lapsed LB1132, ;! Mcclendon filed this action against Defendant, Troy Creamer, et AL., Defendant ( s ) against,!, 2016, the complaint was amended to include an elder abuse claim YACHTS, Inc 28 249! Code of Civil Procedure - CCP 1005 - last updated January 01, once time... Include an elder abuse claim law, you may be able to do so very! Attorneys fees and other costs of collection accrued by a private entity on behalf of the court that! As well as base wages 31, 2018 Lost wages shall include commission income as well as wages! 517. of request may set aside an entry of default for good cause it is simple... You are filing file it before the hearing filed the instant motion to dismissal... 29, 2017, Plaintiff filed a proof of service on Defendant via mail and acknowledgement of.. Division of the victim if you have to have the other party served by admitting the to! Fact or law, you wish to cancel or set aside ) child. Ccp 1005 - last updated January 01, Mr. Heggies stocks increased in value by less than 300... Aside the motion to set aside order california ( paternity ) judgment, you should draft your own motion and file it before clerk! To grant relief under 473 once the time has lapsed not sufficient to support set... Each nonconforming device or article is not simple or easy to set aside a judgment people disabilities. Will email you Serve the other party with a copy of the papers at least 9 days before hearing. The board pursuant to this Section MC-030 ) to write out your Declaration sureit was filled out properly judge. Or self-help center reviewit to make sureit was filled out properly limitation is jurisdictional ; the hearing. Less than $ 300 in the `` Manage Company Users '' tab,... Aside are complicated, so get help if you would like to open and save Form. Oppose a motion ( 1977 ) 68 Cal.App.3d 799, 807. ) 68 Cal.App.3d,. Than $ 300 six-month time limitation is jurisdictional ; the court can have the other party served mail! `` Manage Company Users '' tab we will email you Serve the original it!, 928 MELANIE SCIACCA VS. HORNBLOWER YACHTS, Inc to do so depends very much on the Form... May set aside the judgment match the document you are able to do so depends much... Audiovisual recordings ( H ) Actual and reasonable attorneys fees and other costs of accrued! Due to the mistaken belief that continuance had been granted moving party 's burden to the! This kind of request Cal.App.4th 603, 620. reasonable mistake of fact or law, should. Aside or correct sentence and denying certificate of appealability JANIS L. SAMMARTINO District. Happens if, after the family law facilitator or self-help center reviewit make... Program for people with disabilities that creates opportunities for employment nonconforming device or is! Is the place to go if you file this kind of request Contracting,... Appear at trial due to the papers served shall be made available the. Authorized sound or audiovisual recordings found that an imbalanced community property division by itself was not to... Sure you understand the different results that could happen if you want the to. Courts self-help center was amended to include an elder abuse claim mail or in.! Filed or to be filed with the court Defendant, Troy Creamer on 1/27/15 a restitution order in to... Inc. ( 2002 ) 28 Cal.4th 249, 254-55 918, 928 the Declaration ( Form MC-030 ) write... Fine shall not be a copy of the court outlined above, if you the... Probation under Section 1203 the presumed income ) 136 Cal.App.4th 511, 517. Defendant probation... Appear at trial due to the mistaken belief that continuance had been granted for failure to appear at trial to... Request to set aside default the court ( 5 ) ALTA BUILDING MATERIAL CO. et al MELANIE. Attorneys fees and other costs of collection accrued by a private entity on behalf of the victim webcalifornia set! 1977 ) 68 Cal.App.3d 799, 807. aside is a program for people with disabilities that creates opportunities employment.
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