Defaulted in Your Eviction Case? The Motions That Reopen It

Most evictions are won by default, not on the merits. California lets you attack a default you never should have suffered — especially when you never saw the summons.

What California Law Says

CCP section 473(b) provides relief from default for mistake or excusable neglect within six months; section 473.5 reaches defaults where service never gave actual notice; and void judgments from invalid service fall under 473(d). In UDs, speed matters most — lockouts proceed while motions wait.

How to Protect Yourself, Step by Step

1. Get the court file today: complaint, proof of service, default, judgment, writ status.
2. Move immediately — file the vacate motion with your declaration and proposed answer attached.
3. Request a stay of the lockout pending the motion; ex parte applications exist for exactly this.
4. Attack the service facts: wrong address, wrong description, no substituted-service diligence.
5. Prepare to litigate the merits the moment the default lifts — the underlying defenses come back to life.

Common Questions

The lockout is in three days and I just discovered the case. Is it hopeless?

No — an ex parte application to stay execution alongside the vacate motion is the standard emergency play; courts hear these on hours’ notice.

I moved out after the lockout. Any reason to still vacate the judgment?

Yes — the money judgment, the eviction record, and your rental future all improve if the default and judgment come off the books.