(a) Proportionate Assignment. If mailed, the notice of motion shall be served not later than thirty one (31) days before the Motion Day designated in the notice.1. Complaint submitted with this Motion be deemed filed. 2. The Motion is made pursuant to California Code of Civil Procedure section 473(a)(1) and. In a Domestic Violence Prevention Act proceeding, an application may be made without notice pursuant to Family Code section 6300. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. This guide gives the steps to write and file such a motion, and includes templates you can adapt to fit your situation. If the Judge does not grant your Motion, the Sheriff lock out will proceed as scheduled. The court may then grant the opposing party's motion to amend the pleadings to conform to proof. See. §18.104. Sometimes defendants are not actually notified of the lawsuits, often because they have moved.