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2 Any Town, CA 55555
3 714-555-5555
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TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
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RECORD:
28 that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 ____________________________________________, Defendant,____________________ will and
2 does move the Court to set aside the Default that was entered against her on ___________________ ,
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the 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 inherent equitable power of the Court on the grounds that
7 the default and judgment were obtained through extrinsic fraud or mistake as more fully set forth in
8 the Declaration of ________________________, and the Exhibits attached thereto, attached hereto
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and incorporated 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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13 and the Exhibits attached thereto, attached hereto, and on such other and further oral and/or
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ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
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brief facts regarding the lawsuit such as breach of contract, etc. See
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Plaintiffs complaint on file.
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Default was entered against Defendant on _______________. A Default Judgment
10 was entered against Defendant on _______________. Put in the dates for each one,
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you can get the dates from the Court clerk.
13 Defendant contends that the default and judgment were obtained through extrinsic fraud or
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mistake in that __________________________________________________________.
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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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To purchase the entire 10 page document visit:
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23 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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default-judgment-for-extrinsic-fraud-or-mistake-in-california
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT