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 County of ___________

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11 In re the marriage of: ) Case No.

)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE JUDGMENT ON THE GROUNDS OF
) MISTAKE
14 Respondent:____________________________ )
) DATE:
) TIME:
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) DEPT:
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR MISTAKE
 1 at a huge discount visit: http://legaldocspro.net/california-divorce-
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6 this document.
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I.
8
STATEMENT OF FACTS
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On or about LIST DATE PETITION FILED Petitioner, LIST NAME OF PETITIONER,

11 (Petitioner) filed a Petition for Dissolution of Marriage. On or about LIST DATE RESPONSE

12 FILED Respondent, LIST NAME OF RESPONDENT(Respondent) filed a Response to the

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Petition.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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17 Court.

18 MOVING PARTY contends that the Judgment entered on LIST DATE JUDGMENT
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ENTERED should be vacated pursuant to should be vacated pursuant to Family Code 2122(e) on
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the grounds of mistake in that LIST HERE IN DETAIL THE FACTS THAT SUPPORT YOUR
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CLAIMS OF MISTAKE SUCH AS A MISTAKE OF FACT, OR MISTAKE OF LAW,
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23 WHETHER THE MISTAKE WAS MUTUAL OR UNILATERAL.

24 NAME OF MOVING PARTY only consented to said Judgment because they had no
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personal knowledge of the mistake.
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As the Judgment was entered on LIST DATE this motion is timely as it is less than one year
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from the date of entry of the judgment.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR MISTAKE
 1 NAME OF MOVING PARTY further contends that they would materially benefit from the
2 granting of the relief in that LIST HERE IN DETAIL HOW YOU WOULD MATERIALLY
3
BENEFIT FROM THE FACT THAT THE JUDGMENT WAS VACATED.
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5
Be sure to provide some very specific facts as to your claims of
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mistake and how the mistake materially affected you in consenting to
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8 or not actively contesting the original judgment. You need to state the
9
facts that pertain to your particular situation. You need to show details
10

11 that support your contention that you would materially benefit from
12

13
the fact that the Judgment was vacated.
14
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR MISTAKE