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Sample Motion to Vacate Stipulation in California

Sample Motion to Vacate Stipulation in California

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Published by Stan Burman
This sample motion to vacate a stipulation or settlement in California is filed under the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement should be set aside due to inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed since the date of the stipulation or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist that would make it unjust to enforce the stipulation. The sample is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample motion to vacate a stipulation or settlement in California is filed under the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement should be set aside due to inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed since the date of the stipulation or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist that would make it unjust to enforce the stipulation. The sample is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Categories:Types, Legal forms
Published by: Stan Burman on Jul 02, 2014
Copyright:Traditional Copyright: All rights reserved
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04/12/2015

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