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1 Any Attorney or Party

155Any Street
2 Anytown, CA 90000
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(555) 555-5555
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Any Attorney or Party
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA


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FOR THE COUNTY OF _______________
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11 SAMPLE PLAINTIFF, ) CASE NO.


)
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Plaintiff, ) NOTICE OF MOTION AND MOTION
13 ) TO VACATE DEFAULT AND
v. ) DEFAULT JUDGMENT;
14 ) MEMORANDUM OF POINTS AND
SAMPLE DEFENDANTS, ) AUTHORITIES; DECLARATION
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) OF __________________________;
16 Defendants. ) EXHIBITS
)
17 ) DATE:
) TIME:
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____________________________________) DEPT:
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
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that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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6 ____________________________________________, Defendant,____________________ will

7 move the Court to set aside the Default that was entered against her on ___________________ , the
8 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 provisions of Code of Civil Procedure Section 473 on the
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ground that the Default and Default Judgment were taken against Defendant due to her mistake,

13 inadvertence and excusable neglect as more fully set forth in the Declaration of

14 ________________________, and the Exhibits attached thereto, attached hereto and incorporated
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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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19 and the Exhibits attached thereto, attached hereto, and on such other and further oral and/or

20 documentary evidence as may be presented at the hearing on this Motion.


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22 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT 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 brief
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facts regarding the lawsuit such as breach of contract, et. See Plaintiffs complaint on file.

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

8 was entered against Defendant on _______________. Put in the dates for each one, you can get
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the dates from the Court clerk.
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Defendant alleges that she only heard about the complaint sometime in late January of
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_________ when the receptionist at her office informed her that someone had left a copy at the front
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13 desk. After the receptionist gave her the paperwork that had been left at the front desk, Defendant

14 briefly reviewed the complaint, and then set the paperwork aside with the intention of contacting an
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attorney to discuss the complaint. However, Defendant was unable to find the paperwork when she
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looked for it again, and did not find it again until the last week of April, ______.
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When Defendant, _________________ researched the case on the Courts website on or about
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19 ______________, she discovered that Default had been entered against Defendant on

20 ______________, and a Judgment had been entered on ___________________________.


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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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24 You need to state the facts that pertain to your particular situation
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such as paperwork was left with someone at your residence who did not
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27 give it to you until much later, etc. You need to show the reasons why
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 you did not file an Answer to the complaint on time such as you mislaid
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the paperwork, family emergency, etc.
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You need to state the facts as to exactly when you found out a
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6 Judgment or Default had been entered against you. Do not just use the
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wording from this sample for this paragraph.
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judgment-under-code-of-civil-procedure-section-473-for-california
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT