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 _________________

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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 )
)
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)
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
 1 TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
2
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 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 ______________________.
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The Motion will be made under the provisions of Code of Civil Procedure 473 on the ground that
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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
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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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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 JUDGMENT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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Plaintiffs filed suit against Defendant 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 _______________.

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Put in the dates for each one, you can get the dates from the Court
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13 clerk.
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Counsel for Defendant, ____________________ has submitted a sworn declaration that
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the Default and Default Judgment were taken against Defendant as a result of their inadvertence and
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excusable neglect. See the Declaration of _______________________ and Exhibits attached thereto
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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
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wife had recently passed away suddenly, in _________________, and he was going through great
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emotional turmoil, that, and the fact that personnel changes at his law offices caused a miscalendaring
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to occur, and subsequently he failed to timely respond to the complaint. See the declaration of
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24 _____________________, attached hereto and incorporated herein by reference which clearly shows

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

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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT
 1 You need to state the facts that pertain to your particular situation
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such as failure to respond was due to death in family, medical
4
emergency, another pending case, etc.,
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6 To purchase the entire 10 page document visit:

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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND JUDGMENT