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Sample Motion To Vacate Judgment and Quash Service For California
Sample Motion To Vacate Judgment and Quash Service For California
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TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE
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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____________________________________________, specially appearing Defendant,
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____________________ will and does move the Court to set aside the Default that was entered
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against her on ___________________ , the Judgment that was entered against her on ________, and
8 The Motion will be made under Code of Civil Procedure §§ 418.10(d) and,
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USE THE WORDING BELOW IF YOU WANT TO VACATE THE JUDGMENT UNDER
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CODE OF CIVIL PROCEDURE SECTION 473(b) ON THE GROUNDS OF MISTAKE,
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INADVERTANCE, SURPRISE OR EXCUSABLE NEGLECT.
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13 473(b) on the grounds that the default and judgment were taken against Defendant due to their
14 mistake, inadvertence, surprise or excusable neglect as more fully set forth in the Declaration of
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________________________, and the Exhibits attached thereto, attached hereto and incorporated
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herein by reference.
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USE THE WORDING BELOW IF YOU WANT TO VACATE THE JUDGMENT UNDER
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473.5 on the grounds that that the Default and Default Judgment were taken as a result of Defendant's
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25 lack of actual notice in time to defend the action as more fully set forth in the Declaration of
26 __________________, and the Exhibits attached thereto, attached hereto and incorporated herein by
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reference.
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE
1 The motion shall be based upon this notice, the attached Points and Authorities in support
2 thereof, the files and records of this case, and the Declaration of __________________, and the
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Exhibits attached thereto, attached hereto, and on such other and further oral and/or documentary
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evidence as may be presented at the hearing on this motion.
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Dated________________ _______________________________________________
7 ANY ATTORNEY OR PARTY
12 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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was entered against Defendant on _______________. Put in the dates for each one, you
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22 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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judgment-and-quash-service-for-california
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE