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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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.
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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE DEFAULT AND DEFAULT JUDGMENT
)
14 Respondent:____________________________ ) DATE:
) TIME:
) DEPT:
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 I.
2 STATEMENT OF FACTS
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Petitioner, LIST NAME OF PETITIONER, filed a Petition for Dissolution of Marriage on
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or about LIST DATE THAT PETITION WAS FILED. The Petition alleged the date of marriage to
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be LIST DATE OF MARRIAGE LISTED ON PETITION and the date of separation to be LIST

7 DATE OF SEPARATION LISTED ON PETITION. The Petition further alleged that there was no

8 Community Property or Community Debts. See the Petition on file with the Court.
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Petitioner submitted a Proof of Service which was filed with the Court on or about LIST
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DATE PROOF OF SERVICE WAS FILED. The Proof of Service alleges that Respondent LIST
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NAME OF RESPONDENT was personally served at LIST TIME.M. on LIST DATE. See the
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13 Proof of Service on file with the Court.

14 Default was entered on or about LIST DATE DEFAULT WAS ENTERED. See the Request
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to Enter Default on file with the Court. Petitioner also filed a Declaration regarding service of
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Declaration of Disclosure on or about LIST DATE DECLARATION WAS FILED which alleged
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that their Preliminary Declaration of Disclosure and Income and Expense Declaration was served on
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19 the Respondent on LIST DATE. See the Declaration regarding service of Declaration of Disclosure

20 on file with the Court.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT WAS ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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Court.
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25 Respondent, LIST NAME OF RESPONDENT, contends that they were never served at any

26 time with the Summons and Petition, nor were they ever served at any time with a Preliminary
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Declaration of Disclosure or Income and Expense Declaration. They first learned that a Judgment had
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 been entered on or about LIST DATE, when they went to the Court to see if any Petition for divorce
2 had ever been filed since the Petitioner had told them years ago that they were doing divorce
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paperwork through a paralegal. The envelope used by the Court to mail the Notice of Entry of
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Judgment was returned to the Court marked “Return to Sender”. See the Declaration of LIST NAME
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OF RESPONDENT and Exhibits attached thereto, concurrently filed and served herewith and

7 incorporated herein by reference.

8 Respondent, LIST NAME OF RESPONDENT contends that there was in fact community
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property including
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LIST ALL PROPERTY THAT YOU CONTEND IS COMMUNITY PROPERTY SUCH
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AS VEHICLES, BANK ACCOUNTS, REAL ESTATE, PENSION PLANS, ETC.
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california-divorce-judgment
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT