Small Claims cases are handled a little differently.
Here is a link to the Courts website with instructions and forms.
The Sacramento Law Library also has a guide available for your use. If you do use this resource and are filing at San Diego Superior Court, be sure to change the court information.
Motion to Set Aside Default Judgement - https://saclaw.org/wp-content/uploads/sbs-relief-from-default-judgment.pdf
| Call No. | Title | Type of Access |
| KFC995 .C34 | California Civil Procedure Before Trial, 4th Edition, Vol. 2, Ch. 38 Relief from Default or Default Judgments | Print or electronic with CEBOnlaw |
| KFC995 . W4 | California Practice Guide: Civil Procedure Before Trial, Vol. 1, Ch. 5 Defaults | Print or electronic with Westlaw |
| KFC1010.A65 C3 | California Forms of Pleading and Practice, Vol. 43, Ch. 489 Relief from Judgments | Print or electronic with Lexis Advance or San Diego Digital Law Library |
| KFC1010 .B4 | California Points and Authorities, Vol. 7, Ch. 70 Defaults, Default Judgments, and Relief from Judgments and Orders | Print or electronic with Lexis Advance or San Diego Digital Law Library |
| KFC995.A65 P49 | California Civil Litigation Forms Manual, Vol. B, Ch. 30 Defaults | |
| KFC995 .K86 | California Pretrial Practice & Forms, Chapter 29 Default Judgment and Voluntary Dismissal, Relief from Defaults and Default Judgement | |
| KFC1012 .P38 | Opposing California Civil Motions - Model Opposition Briefs (The Rutter Group, https://catalog.sandiegolawlibrary.org/cgi-bin/koha/opac-detail.pl?biblionumber=316544&query_desc=kw%2Cwrdl%3A%20Opposing%20California%20Civil%20MotionsCivil Litigation Series), Section § 10:2. Sample opposition to motion to vacate judgment | Print or electronic with Westlaw |
Our Librarians and Staff can assist you in locating these and other relevant materials in our Library.
The above resources are available online via our database collection as well. Ask a staff member for assistance if required.
Filing a motion to vacate a default judgment or set aside dismissal and looking for a motion example? Trellis is the place to go! Borrowers can access this great database remotely and access is always free on our library terminals. Once you’ve logged in to Trellis, click the motion and issues tab, and then click motion types in California. Access here. Trellis is available for free at our Downtown library, and remotely for borrowers. If you'd like to become a borrower, check out those details here.
Examples include:
For quick search tips check out this video – https://www.youtube.com/watch?v=P87bK50NQQQ
Or check out our full-length class here – https://www.youtube.com/watch?v=772rMLvdgWs&list=PLBKE2MjTT5GQ8YbIxJeJyE1img5LYOR_s&index=12