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 of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION TO VACATE
) JUDGMENT AND ENTER ANOTHER AND
13 vs. ) DIFFERENT JUDGMENT; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) _________; EXHIBITS
)
15 Defendants. )
)
16 )
)
17 )
)
18 )

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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT
 1 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
2 ______________, herein submits its opposition to the motion to set aside and vacate
3
judgment and enter another and different judgment filed by ________ on the grounds that the motion
4
is untimely in that it was filed more than 15 days after notice of entry of judgment in violation of the
5

6
provisions of Code of Civil Procedure 663a, further the motion is without merit as the judgment

7 rendered is FOR A COURT TRIAL USE: consistent with the legal conclusion to be drawn from the

8 facts as found by the Court, FOR A JURY TRIAL USE: the judgment is consistent with the special
9
verdict of the jury and LIST HERE ANY OTHER VALID GROUNDS FOR OPPOSITION
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SUCH AS THE MOTION MAY NOT CHALLENGE THE COURTS FACTUAL BASES FOR
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ITS DECISION.
12

13 This opposition is based on the declaration of LIST NAME OF PERSON(S) SIGNING

14 DECLARATION and exhibits attached thereto, the supporting memorandum served and filed with
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this motion, the records and files in this matter, and on such portions of the transcript of the trial and
16
supplemental declarations and memoranda that may be filed subsequently in this matter, and on such
17
further oral and documentary evidence as may be presented at the hearing of this motion.
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19 Be sure to modify these paragraphs to suit your individual

20
situation. Do NOT just use the wording here unless it definitely applies
21

22
to your particular situation.
23

24 Remember that YOUR OPPOSITION MUST BE SERVED AND

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FILED AT LEAST NINE (9) COURT DAYS BEFORE THE
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27 HEARING UNLESS OTHERWISE ORDERED BY THE COURT.

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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT
 1 Court days means Monday through Friday, except for Court holidays.
2

3
You should serve your opposition by personal delivery or overnight
4
mail. See Code of Civil Procedure Section 1005 for more details.
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6
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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OPPOSITION TO MOTION TO VACATE JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT