You are on page 1of 3

1 Any Attorney or Party

555 Any Street


2 Any Town, CA 55555
3
(555) 555-5555
4
Any Attorney or Party
5

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA


9
FOR THE COUNTY OF _______________
10

11 SAMPLE PLAINTIFF, ) CASE NO.


)
12
Plaintiff, ) NOTICE OF MOTION AND MOTION
13 ) TO VACATE DEFAULT AND
v. ) DEFAULT JUDGMENT;
14 ) MEMORANDUM OF POINTS AND
SAMPLE DEFENDANTS, ) AUTHORITIES; DECLARATION
15
) OF __________________________;
16 Defendants. ) EXHIBITS
)
17 ) DATE:
) TIME:
18
____________________________________) DEPT:
19

20
To subscribe to my FREE weekly legal newsletter visit
21

22 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


23
address. Be sure to remove this notice before using this document.
24

25
TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
26
RECORD:
27

28

- 1 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
2 that as the matter can be heard, in Dept. _______of the above-entitled Court located at
3
____________________________________________, Defendant,____________________ will and
4
does move the Court to set aside the Default that was entered against her on ___________________ ,
5

6
the Judgment that was entered against her on ________, and granting her leave to file her Proposed

7 Motion to Quash, a copy of which is attached as Exhibit "A" to the Declaration of _______________.

8 The Motion will be made under Code of Civil Procedure 473(d) on the grounds that the
9
default and judgment are void as the Court lacked jurisdiction over Defendant due to the fact that
10
they were never validly served as more fully set forth in the Declaration of ____________________,
11
and the Exhibits attached thereto, attached hereto and incorporated herein by reference.
12

13 The Motion shall be based upon this notice, the attached Points and Authorities in

14 support thereof, the files and records of this case, and the Declaration of __________________,
15
and the Exhibits attached thereto, attached hereto, and on such other and further oral and/or
16
documentary evidence as may be presented at the hearing on this Motion.
17

18
Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY

20

21

22

23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
5

6
brief facts regarding the lawsuit such as breach of contract, etc. See
7
Plaintiffs complaint on file.
8

9
Default was entered against Defendant on _______________. A Default Judgment

10 was entered against Defendant on _______________. Put in the dates for each one,
11

12
you can get the dates from the Court clerk.
13 Defendant contends the default and judgment are void as the Court lacked jurisdiction over
14
them as they were never validly served.
15
See the Declaration of _______________________ and Exhibits attached thereto filed and
16
served concurrently and incorporated herein by reference.
17

18 To purchase the entire document visit:


19
https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
20
void-judgment-in-california-under-code-of-civil-procedure-section-
21
473d
22

23

24

25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT