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Sample Motion To Vacate Void Judgment in California Under Code of Civil Procedure Section 473 (D)
Sample Motion To Vacate Void Judgment in California Under Code of Civil Procedure Section 473 (D)
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TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
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RECORD:
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
2 that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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____________________________________________, Defendant,____________________ will and
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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
7 Motion to Quash, a copy of which is attached as Exhibit "A" to the Declaration of _______________.
8 The Motion will be made under Code of Civil Procedure 473(d) on the grounds that the
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default and judgment are void as the Court lacked jurisdiction over Defendant due to the fact that
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they were never validly served as more fully set forth in the Declaration of ____________________,
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and the Exhibits attached thereto, attached hereto and incorporated herein by reference.
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13 The Motion shall be based upon this notice, the attached Points and Authorities in
14 support thereof, the files and records of this case, and the Declaration of __________________,
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and the Exhibits attached thereto, attached hereto, and on such other and further oral and/or
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documentary evidence as may be presented at the hearing on this Motion.
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Dated________________ _______________________________________________
19 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
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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 the default and judgment are void as the Court lacked jurisdiction over
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them as they were never validly served.
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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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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT