Ask for a set aside after an eviction judgment

If you lost your eviction case, there are a few rare situations where you can ask the judge to cancel — or “set aside” — the judgment. This means the judge would make a new decision about whether you’re evicted.

    File a motion to set aside or cancel the judge’s decision

    A set aside is only allowed in limited situations. The law says this applies if your case was decided because of “mistake, inadvertence, surprise, or excusable neglect.”

    For example:

    • You filed your Answer form a day too late by accident.

    • You missed your court date because you were in the hospital and couldn’t tell the court.

    📅 You have up to 6 months after the judgment to file a set aside request.

    📚 Read the law: Code of Civil Procedure section 473(b) (written for lawyers and may be hard to understand) (opens in new tab).

    Consider getting legal help

    Filing a motion to set aside is complicated. If you want the judge to decide before the sheriff makes you move, you must also ask the judge to make a quick decision. There are special rules about how to do this.

    It’s best to get help from a:

    Keep in mind:

    • There are no court forms. You must write the motion in a specific legal format.

    • You will need to attach an Answer - Unlawful Detainer-Eviction (form UD-105) (opens in new tab) if you didn’t file one already.

    • You only get one chance to ask for a set aside. If you do it wrong, you can’t try again.

    • Even if you have a strong reason, the judge might not agree to set aside the judgment.

    Ask for more time to move out

    If you ask for a set aside, you may also want to ask for more time to move out at the same time. This is called a stay of execution.

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