California Justices Remove Barrier to Challenge Default Judgment

Nov. 18, 2024, 10:59 PM UTC

The California Supreme Court reversed state appeals court precedent on Monday by striking a rule that time-limited certain opportunities for defendants to challenge a judgment.

The ruling strikes down a holding that motions arguing a defendant wasn’t served properly served must be made within two years. If a motion wasn’t made in two years, a party under the now-stricken rule had to bring a separate legal action, rather than filing within the same case.

Courts had taken that two-year time limit from rules about constructive service, which apply when a person avoids being served or can’t be found. It’s unclear ...

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