1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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8 Superior Court of the State of California

9 For the County _________________

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11 Any Plaintiff, ) Case No.
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12 NOTICE OF MOTION AND MOTION TO VACATE
Plaintiff, )
DEFAULT AND DEFAULT JUDGMENT;
)
13 MEMORANDUM OF POINTS AND
vs. )
AUTHORITIES, DECLARATION OF __________,
)
14 EXHIBITS
Any Defendant, )
) DATE: TIME:
15 Defendant. ) DEPT:
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To subscribe to my FREE weekly legal newsletter visit
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21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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address. Be sure to remove this notice before using this document.
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TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
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RECORD:

27 PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after

28 that as the matter can be heard, in Dept. _______of the above-entitled Court located at

- 1 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 ____________________________________________, Defendant,____________________ will and
2 does move the Court to set aside the Default that was entered against her on ___________________ ,
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the Judgment that was entered against her on ________, and granting her leave to file her Proposed
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Answer, a copy of which is attached as Exhibit "A" to the Declaration of ______________________.
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The Motion will be made under the inherent equitable power of the Court on the grounds that

7 the default and judgment were obtained through extrinsic fraud or mistake as more fully set forth in

8 the Declaration of ________________________, and the Exhibits attached thereto, attached hereto
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and incorporated herein by reference.
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The Motion shall be based upon this notice, the attached Points and Authorities in
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support thereof, the files and records of this case, and the Declaration of __________________,
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13 and the Exhibits attached thereto, attached hereto, and on such other and further oral and/or

14 documentary evidence as may be presented at the hearing on this Motion.
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16 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
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brief facts regarding the lawsuit such as breach of contract, etc. See
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Plaintiffs complaint on file.
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Default was entered against Defendant on _______________. A Default Judgment

10 was entered against Defendant on _______________. Put in the dates for each one,
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you can get the dates from the Court clerk.
13 Defendant contends that the default and judgment were obtained through extrinsic fraud or
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mistake in that __________________________________________________________.
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See the Declaration of _______________________ and Exhibits attached thereto filed and
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served concurrently and incorporated herein by reference.
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18 Be sure to provide some very specific facts as to why the default
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and judgment were obtained through extrinsic fraud or mistake.
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To purchase the entire 10 page document visit:
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23 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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default-judgment-for-extrinsic-fraud-or-mistake-in-california
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT

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