1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County _________________

10

11 Any Plaintiff, ) Case No.
)
12 NOTICE OF MOTION AND MOTION TO VACATE
Plaintiff, )
DEFAULT AND DEFAULT JUDGMENT;
)
13 MEMORANDUM OF POINTS AND
vs. )
AUTHORITIES, DECLARATION OF __________,
)
14 EXHIBITS
Any Defendant, )
) DATE: TIME:
15 Defendant. ) DEPT:
)
16 )
)
17 )
)
18

19
To subscribe to my FREE weekly legal newsletter visit
20

21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail
22
address. Be sure to remove this notice and all other notices before
23

24 using this document.
25

26
To view other documents for sale by LegalDocsPro visit
27
http://www.scribd.com/LegalDocsPro
28

- 1 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
2
RECORD:
3
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
5

6 ____________________________________________, Defendant,____________________ will

7 move the Court to set aside the Default that was entered against them on ___________________ , the
8 Judgment that was entered against them on ________, and granting them leave to file them Proposed
9
Answer, a copy of which is attached as Exhibit "A" to the Declaration of ______________________.
10
The Motion will be made under the provisions of Code of Civil Procedure § 473 on the ground that
11

12
the Default and Default Judgment were taken against Defendant due to the inadvertence and

13 excusable neglect of them counsel, ________________________, as more fully set forth in the

14 Declaration of ________________________, and the Exhibits attached thereto, attached hereto and
15
incorporated herein by reference.
16
The Motion shall be based upon this notice, the attached Points and Authorities in
17
support thereof, the files and records of this case, and the Declaration of __________________,
18

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.
21

22 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiffs filed suit against Defendant 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 _______________.

11
Put in the dates for each one, you can get the dates from the Court
12

13 clerk.
14
Counsel for Defendant, ____________________ has submitted a sworn declaration that
15
the Default and Default Judgment were taken against Defendant as a result of their inadvertence and
16
excusable neglect. See the Declaration of _______________________ and Exhibits attached thereto
17

18 filed and served concurrently and incorporated herein by reference.

19 _________________ failed to timely file a response to the complaint due to the fact that his
20
wife had recently passed away suddenly, in _________________, and he was going through great
21
emotional turmoil, that, and the fact that personnel changes at his law offices caused a miscalendaring
22
to occur, and subsequently he failed to timely respond to the complaint. See the declaration of
23

24 _____________________, attached hereto and incorporated herein by reference which clearly shows

25 the failure to appear was a result of inadvertence and neglect.
26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 You need to state the facts that pertain to your particular situation
2

3
such as failure to respond was due to death in family, medical
4
emergency, another pending case, etc.,
5

6 To purchase the entire 10 page document visit:
7
https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
8

9 judgment-in-california-with-attorney-affidavit-of-fault
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 4 -
NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT

Sign up to vote on this title
UsefulNot useful