Motion to Set Aside Default Judgment

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deafbusta

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I am in Southern California

I have already filed the motion to set aside default judgment/stay against my landlord and will be attending the hearing real soon.

Plaintiff: Landlord
Defendants: Three roommates (two are couple and me)

I wanted to know is it possible to make a motion to quash the summons and complaints altogether? can I do that at the hearing? Do I have to wait for the motions to be granted at the hearing then fill out the form to file?

The landlord is incredibly evil! The landlord filed the complaint (Unlawful Detainer) on June 10th AND the proof of service was completely false. Landlord claimed that summons has been served to the defendants on June 10th!

The landlord had her mother and sister came to my house and gave me three packets contain of summons on June 15th.

Is it requires for landlord to have two proof of service because of TWO people came to the house and served the summons?

Landlord filed default judgment on June 17th.

I was unable to file the Answer on June 21st due to default judgment has been filed.

I feel that altogether complaint and summons shall be quashed but I need to make sure what wording I can use in the hearing to win the grant.

Yes, I have proof that the landlord has been at my house all day on June 10th replaced the kitchen floor.

Thanks!
 
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