Sample Motion to Vacate Judgment Under CCP Section 473 for California

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01/25/2010

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This sample motion to vacate default and default judgment is used when a defendant did not file an Answer on time due to mistake, inadvertance, or ... (More) This sample motion to vacate default and default judgment is used when a defendant did not file an Answer on time due to mistake, inadvertance, or excusable neglect. The motion includes a memorandum of points and authorities with citations to case law and statutory authority and also includes a sample declaration and proof of service by mail.

The motion is made under California Code of Civil Procedure Section 473.

The motion on which this sample was based was granted. 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)