Professional Documents
Culture Documents
Any Street
2 Any Town, CA 55555
3 714-555-5555
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Superior Court of the State of California
9 County of ___________
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22 address. Be sure to remove this notice and all other notices before
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using this document.
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 I.
2 STATEMENT OF FACTS
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Petitioner, LIST NAME OF PETITIONER, filed a Petition for Dissolution of Marriage on
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or about LIST DATE THAT PETITION WAS FILED. The Petition alleged the date of marriage to
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be LIST DATE OF MARRIAGE LISTED ON PETITION and the date of separation to be LIST
7 DATE OF SEPARATION LISTED ON PETITION. The Petition further alleged that there was no
8 Community Property or Community Debts. See the Petition on file with the Court.
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Petitioner submitted a Proof of Service which was filed with the Court on or about LIST
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DATE PROOF OF SERVICE WAS FILED. The Proof of Service alleges that Respondent LIST
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NAME OF RESPONDENT was personally served at LIST TIME.M. on LIST DATE. See the
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14 Default was entered on or about LIST DATE DEFAULT WAS ENTERED. See the Request
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to Enter Default on file with the Court. Petitioner also filed a Declaration regarding service of
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Declaration of Disclosure on or about LIST DATE DECLARATION WAS FILED which alleged
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that their Preliminary Declaration of Disclosure and Income and Expense Declaration was served on
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19 the Respondent on LIST DATE. See the Declaration regarding service of Declaration of Disclosure
25 Respondent, LIST NAME OF RESPONDENT, contends that they were never served at any
26 time with the Summons and Petition, nor were they ever served at any time with a Preliminary
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Declaration of Disclosure or Income and Expense Declaration. They first learned that a Judgment had
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
1 been entered on or about LIST DATE, when they went to the Court to see if any Petition for divorce
2 had ever been filed since the Petitioner had told them years ago that they were doing divorce
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paperwork through a paralegal. The envelope used by the Court to mail the Notice of Entry of
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Judgment was returned to the Court marked Return to Sender. See the Declaration of LIST NAME
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OF RESPONDENT and Exhibits attached thereto, concurrently filed and served herewith and
8 Respondent, LIST NAME OF RESPONDENT contends that there was in fact community
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property including
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LIST ALL PROPERTY THAT YOU CONTEND IS COMMUNITY PROPERTY SUCH
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AS VEHICLES, BANK ACCOUNTS, REAL ESTATE, PENSION PLANS, ETC.
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https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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california-divorce-judgment
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT