1 Any Attorney or Party

555 Any Street

2 Any Town, CA 55555
3
(555) 555-5555
4
Any Attorney or Party
5

8 Superior Court of the State of California

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For the County of ____
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11 Any Plaintiff, ) CASE NO.

)
12
Plaintiff, ) NOTICE OF MOTION AND MOTION
13 ) TO VACATE DEFAULT AND
v. ) DEFAULT JUDGMENT AND QUASH
14 ) SERVICE OF SUMMONS;
Any Defendants, ) MEMORANDUM OF POINTS AND
15
) AUTHORITIES; DECLARATION OF
16 Defendants. ) _____________________; EXHIBITS
)
17 ) DATE:
) TIME:
18
) DEPT:
19 )
____________________________________)
20

21
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address. Be sure to remove these notices before using this document.
25

26
TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
27

28 RECORD:

- 1 -
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
3
____________________________________________, specially appearing Defendant,
4
____________________ will and does move the Court to set aside the Default that was entered
5

6
against her on ___________________ , the Judgment that was entered against her on ________, and

7 quashing service of summons on her.

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
16
herein by reference.
17
USE THE WORDING BELOW IF YOU WANT TO VACATE THE JUDGMENT UNDER
18

19 CODE OF CIVIL PROCEDURE SECTION 473.5 ON THE GROUNDS OF LACK OF

20 ACTUAL NOTICE IN TIME TO DEFEND THE ACTION.

21

22

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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
27
reference.
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- 2 -
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
3
Exhibits attached thereto, attached hereto, and on such other and further oral and/or documentary
4
evidence as may be presented at the hearing on this motion.
5

6
Dated________________ _______________________________________________
7 ANY ATTORNEY OR PARTY

8 MEMORANDUM OF POINTS AND AUTHORITIES

9
I.
10
STATEMENT OF FACTS
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12 Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some
13
brief facts regarding the lawsuit such as breach of contract, etc. See
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Plaintiffs complaint on file.
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16 Default was entered against Defendant on _______________. A Default Judgment

17
was entered against Defendant on _______________. Put in the dates for each one, you
18

19 can get the dates from the Court clerk.

20
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23
judgment-and-quash-service-for-california
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT AND QUASH SERVICE