Motion To Vacate

1 MATTHEW BAKES
2031 Beckett dr.

2 El dorado hills, Ca 95762
Phone: 916.337.6741
3 [email protected]
4 IN THE SUPERIOR COURT OF CALIFORNIA
5 IN AND FOR THE COUNTY OF SACREMENTO
7 MATTHEW BAKES, Case No.: 34-2020-00287820
8 Plaintiff,
9 vs. NOTICE OF MOTION AND MOTION

TO VACATE ORDER OF DISMISSAL;
10 CHRISTOPHER BAKES, MEMORANDUM OF POINTS AND AUTHORITIES,
DECLARATION OF MATTHEW BAKES; EXHIBITS
11 Defendant
12 TO CHRISTOPHER BAKES AND THEIR ATTORNEY OF RECORD:

13
PLEASE TAKE NOTICED THAT on May 14th, 2024 at Sacramento Superior
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court or as soon after that as the matter can be heard, in Dept. 129 of the above-entitled court
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located at the William R Ridgeway Family Relations Courthouse. Plaintiff Matthew Bakes will
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17 and hereby does move this court for an order vacating the order of dismissal that was entered in
18 this case on February 24th, 2023, under the provisions of Code of Civil Procedure 473 on the
19 grounds of mistake and inadvertence of the Request for Dismissal form. Most of my, Matthew
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Bakes, case was dedicated to holding Christopher Bakes accountable for the elder abuse he
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committed against my father, John Bakes. On the Request for Dismissal form (1)(b)(6) other is
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23 checked but there is also a sentence stating: “Case 34-2020-00288373 is not being dismissed.”
24 Number 3 of the request for Dismissal TO THE CLERK: Consent to the above dismissal is
25 hereby given. This is not signed by the clerk therefore dismissal is not hereby given. The
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dismissal is only entered. Therefore according to (1)(b)(6) and number 3 of this form it is
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NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL; MEMORANDUM OF POINTS AND
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1 defective. It also lacks a court order by the judge.
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This motion is based on this notice of motion and
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motion, the attached memorandum of points and authorities, the declaration of Matthew Bakes
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and exhibits attached thereto, the pleadings and papers on file herein, and upon such other
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6 matters as may be presented to the court at the time of the hearing.
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Dated: 04/04/2024
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__________________________
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Matthew Bakes, In Pro Per
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12
13 MEMORANDUM OF POINTS AND AUTHORITIES

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I.
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STATEMENT OF FACTS
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I Plaintiff filed suit against Defendant on October 22, 2020 alleging causes of
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18 action for Financial Elder Abuse and for a judgement declaring trust revocation void and invalid.
19 Contends that the statement on line (1)(b)(6) states that case 34-2020-00288373 is not being
20 dismissed. Plaintiff also contends that the Request for Dismissal is invalid as it has not been
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signed on Part 3 by the clerk so there is no consent to the dismissal and there is no signature by
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the judge. This is an emergency that Plaintiff’s motion to vacate be granted in that there have
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been multiple acts of fraud and elder abuse committed in this case which Plaintiff feels needs to
25 be addressed immediately or else Plaintiff could suffer further damages. Plaintiff’s attorney was
26 threatened by Defendant Christopher Bakes in that if Matthew didn’t drop his elder abuse lawsuit
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Christopher Bakes would file a menacing lawsuit against Matthew for retaliation. Therefore this
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1 another reason why this Request for Dismissal should be vacated on the grounds of; coercion,
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bullying, legal threat to destroy Plaintiff financially if he continues with his lawsuit, undue
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influence because Plaintiff is In Pro Per and Defendant wanted to bully him by threatening to file
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a menacing lawsuit. The Defendant has a long history of Financial Elder abuse and bullying his
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6 father, John Bakes. Equitable doctrine demonstrates one person taking advantage of a position of
7 power over another person. Defendant has perpetually exploited his advantage as an attorney to
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gain an unfair advantage over Plaintiff, who is In Pro Per.
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LEGAL ARGUMENT
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A. THE COURT HAS THE POWER TO SET ASIDE THE DISMISSAL
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12 Cide of Civil Procedure Section 473 states in pertinent part: “The
13 court may upon any terms as may be just, relieve a party, or his or her legal representative from a
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judgment, dismissal, order or other proceeding, taken against him or her through his or her
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mistake, inadvertence, surprise or excusable neglect.”
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This court has the statutory authority to grant this motion and
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18 should do so as the law favors trial on the merits. Further this motion is timely made and proper
19 factual support. Plaintiff just became aware of the defective Request for Dismissal form filled
20 out by his attorney. The 6 month time period to ask the court to vacate a dismissal should start
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once a moving party finds an error of law or discovers new evidence. “As long as the motion is
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filed within the 6 month period there is no “reasonable time” inquiry. Milton v Perpetual
23
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Development Corp. (1997) 53 Cal.App.4th 861, 868.) When the defaulting party moves promptly
25 to seek relief and the opponent to such request has or will suffer little prejudice, very slight
26 evidence is required to justify setting aside a default.(Shamblin v. Brattan (1988) 44 Cal.3d 474,
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478.) When a party is unexpectedly placed in a situation to his injury without fault or negligence
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1 of his own and against which ordinary providence could not have been guarded, neither
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inadvertence nor neglect will warrant judicial relief unless it may reasonably be classified as of
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the excusable variety upon a sufficient showing, “ (Elms vs Elms(1946) 72 Cal.App.2d 508, 513.
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SUMMARY
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6 Defendant has led a campaign of deceit, fraud, elder
7 abuse, bullying, and his unconscionable acts have resulted in damages against Plaintiff to be
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determined by the court. Christopher Bakes has violated the “dirty hands doctrine” in that his
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unconscionable acts have been so unfair and unjust that it goes against good conscience and
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moral standards. Christopher’s vileness and depravity violates the customary rule of right and
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12 duty between society in general and wicked enough that it shocks the public conscience. That is
13 why it is so imperative that this motion be granted as soon as possible, it is an emergency.

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Dated this day of Month, year.
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Attorney Name
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1 MATTHEW BAKES

2031 Beckett dr.

4 IN THE SUPERIOR COURT OF CALIFORNIA

5 IN AND FOR THE COUNTY OF SACREMENTO

7 MATTHEW BAKES, Case No.: 34-2020-00287820

9 vs. NOTICE OF MOTION AND MOTION

12 TO CHRISTOPHER BAKES AND THEIR ATTORNEY OF RECORD:

6 matters as may be presented to the court at the time of the hearing.

13 MEMORANDUM OF POINTS AND AUTHORITIES

12 Cide of Civil Procedure Section 473 states in pertinent part: “The

6 Defendant has led a campaign of deceit, fraud, elder

13 why it is so imperative that this motion be granted as soon as possible, it is an emergency.

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