Sample Motion to Vacate Judgment Under CCP Section 473.5 for California

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This sample motion to vacate judgment for California is used when a defendant did not receive notice of the lawsuit in time to file an Answer befor... (More) This sample motion to vacate judgment for California is used when a defendant did not receive notice of the lawsuit in time to file an Answer before the deadline. The motion includes a memorandum of points and authorities with citations to case law and statutory authority as well as a sample declaration and proof of service by mail.

It is made under Code of Civil Procedure Section 473.5. This sample is NOT to be used when someone wants to vacate a Judgment based on mistake, surprise or excusable neglect. Those motions are made under another code section.

The motion on which this sample is based was successful as the judgment was vacated.

The author is a freelance paralegal with over 15 years of experience in California civil litigation and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided. (Less)