Sample Opposition to Motion to Vacate Judgment and Enter Another Judgment in California | Judgment (Law) | United States Law

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 of _________________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) OPPOSITION TO MOTION TO VACATE
) JUDGMENT AND ENTER ANOTHER AND
13 vs. ) DIFFERENT JUDGMENT; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) _________; EXHIBITS
)
15 Defendants. )
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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT
1 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
2 ______________, herein submits its opposition to the motion to set aside and vacate
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judgment and enter another and different judgment filed by ________ on the grounds that the motion
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is untimely in that it was filed more than 15 days after notice of entry of judgment in violation of the
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provisions of Code of Civil Procedure § 663a, further the motion is without merit as the judgment

7 rendered is FOR A COURT TRIAL USE: consistent with the legal conclusion to be drawn from the

8 facts as found by the Court, FOR A JURY TRIAL USE: the judgment is consistent with the special
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verdict of the jury and LIST HERE ANY OTHER VALID GROUNDS FOR OPPOSITION
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SUCH AS THE MOTION MAY NOT CHALLENGE THE COURT’S FACTUAL BASES FOR
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ITS DECISION.
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13 This opposition is based on the declaration of LIST NAME OF PERSON(S) SIGNING

14 DECLARATION and exhibits attached thereto, the supporting memorandum served and filed with
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this motion, the records and files in this matter, and on such portions of the transcript of the trial and
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supplemental declarations and memoranda that may be filed subsequently in this matter, and on such
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further oral and documentary evidence as may be presented at the hearing of this motion.
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19 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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24 Remember that YOUR OPPOSITION MUST BE SERVED AND
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FILED AT LEAST NINE (9) COURT DAYS BEFORE THE
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27 HEARING UNLESS OTHERWISE ORDERED BY THE COURT.
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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT
1 Court days means Monday through Friday, except for Court holidays.
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You should serve your opposition by personal delivery or overnight
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mail. See Code of Civil Procedure Section 1005 for more details.
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Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT

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