1 Any Attorney or Party

Any Street
2 Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF _______________
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11 SAMPLE PLAINTIFF, ) CASE NO.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE STIPULATION;
13
v. ) MEMORANDUM OF POINTS AND
14 ) AUTHORITIES, DECLARATIONS OF
SAMPLE DEFENDANTS, ) ____________________; EXHIBITS
15 )
Defendants. )
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)
17 ) DATE:
) TIME:
18 ____________________________________) DEPT:
19

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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION
1 TO ___________________________________ AND THEIR ATTORNEYS OF
2
RECORD:
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PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
4
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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6 ____________________________________________, _____________will and hereby does move

7 this court for an order vacating the LIST HERE WHETHER A STIPULATION OR
8 SETTLEMENT entered into on LIST DATE, under the provisions of Code of Civil Procedure §
9
473 on the grounds of LIST GROUNDS HERE SUCH AS INADVERTENCE, EXCUSABLE
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NEGLECT, FRAUD, MISTAKE OF FACT OR LAW, WHERE THE FACTS STIPULATED
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HAVE CHANGED OR THERE HAS BEEN A CHANGE IN THE UNDERLYING

13 CONDITIONS THAT COULD NOT HAVE BEEN ANTICIPATED, OR WHERE SPECIAL

14 CIRCUMSTANCES EXIST RENDERING IT UNJUST TO ENFORCE THE STIPULATION,
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in that LIST HERE BRIEFLY THE FACTS SUPPORTING YOUR REQUEST TO VACATE
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THE STIPULATION as more fully set forth in the declaration of ______________ and exhibits
17
attached thereto, concurrently filed and served herewith and incorporated herein by reference.
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19 This motion is based on this notice of motion and motion, the attached memorandum of points

20 and authorities, the declaration of _________ __________ and exhibits attached thereto, the
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pleadings and papers on file herein, and upon such other and further oral and/or documentary
22
evidence as may be presented to the court at the time of the hearing.
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Dated________________ _______________________________________________
25 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises from BRIEFLY LIST THE DETAILS OF THE CASE SUCH AS
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BREACH OF CONTRACT, TORT, ETC.

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to-vacate-stipulation-in-california
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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION

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