1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 In re the marriage of: ) Case No.

)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER OR
13 and ) MOTION TO VACATE STIPULATION;
) DECLARATION OF
14 Respondent:____________________________ ) ________; EXHIBITS
)
15 ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION
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Be sure to remove these notices and all other notices before using
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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
8

9
NAME OF MOVING PARTY herein submits their Memorandum of Points and Authorities

10 in support of their motion for an order vacating the LIST HERE WHETHER A STIPULATION

11 OR SETTLEMENT entered into on LIST DATE, under the provisions of Code of Civil Procedure
12
473 and Family Code 210 on the grounds of LIST GROUNDS HERE SUCH AS
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INADVERTENCE, EXCUSABLE NEGLECT, FRAUD, MISTAKE OF FACT OR LAW,
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WHERE THE FACTS STIPULATED HAVE CHANGED OR THERE HAS BEEN A
15

16 CHANGE IN THE UNDERLYING CONDITIONS THAT COULD NOT HAVE BEEN

17 ANTICIPATED, OR WHERE SPECIAL CIRCUMSTANCES EXIST RENDERING IT

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UNJUST TO ENFORCE THE STIPULATION, in that LIST HERE BRIEFLY THE FACTS
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SUPPORTING YOUR REQUEST TO VACATE THE STIPULATION as more fully set forth in
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the declaration of NAME OF MOVING PARTY and exhibits attached thereto, concurrently filed
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22 and served herewith and incorporated herein by reference.

23 This motion is based on the notice of motion or request for order, the attached memorandum
24
of points and authorities, the declaration of NAME OF MOVING PARTY and exhibits attached
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thereto, the pleadings and papers on file herein, and upon such other and further oral and/or
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documentary evidence as may be presented to the court at the time of the hearing.
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION
 1 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
4
to your particular situation.
5

7 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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9
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION