1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION TO VACATE DEFAULT
13 vs. ) AND DEFAULT JUDGMENT; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ______________________;
) EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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)
18 )
)
19 )

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25 For more information on my California eviction document

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collection containing over 30 sample documents including this sample
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 1 ex-parte application to vacate a default and default judgment
2

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California selling at a huge discount visit
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http://legaldocspro.net/california-eviction-litigation-document-package/
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6 Be sure to remove this notice and all other notices before

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using this document.
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TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as

13 the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,

14 Defendant _____________________, will and does move the Court by ex-parte application for an
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Order vacating the default entered on ______________, and the default judgment entered on
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___________ in the above-entitled case pursuant to Code of Civil Procedure 473 on the grounds
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that the default and default judgment were taken against said defendant due to their mistake and
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19 surprise as more fully shown in the declaration of _______________attached hereto and

20 incorporated herein by reference.

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Be sure to modify these paragraphs to suit your individual
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23 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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26 This ex-parte application will be based upon this notice, the memorandum of points and
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authorities in support thereof, the files and records of this case, the declaration of _____________
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 1 and Exhibits attached thereto, and such other and further oral and documentary evidence as may be
2 presented at the hearing.
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Dated: ________________ __________________________________________
5 ANY ATTORNEY OR PARTY
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case involves the real property located at _____________________ (Property).
5

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Default was entered on LIST DATE HERE, and a default judgment was entered on LIST DATE

7 HERE.

8 When defendant ___________________ was served with the summons and complaint he
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called the owner of the Property, Defendant , _____________ who told him that he was going
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through a re-finance and loan modification and not to worry about anything. Based on this, defendant
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______________ who speaks little English did not respond to the complaint.
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13 Defendant contends that the default and judgment were taken against them due to their

14 mistake and surprise and should be vacated. Defendants further contend that as shown by their
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proposed answer attached as Exhibit A to their declaration they have numerous meritorious
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defenses to this lawsuit.
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18 To purchase the entire 13 page document visit:

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https://legaldocspro.myshopify.com/products/sample-ex-parte-
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