1 Any Attorney or Party

155 Any Street

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

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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF _______________
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11 SAMPLE PLAINTIFF, ) CASE NO.

)
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Plaintiff, ) NOTICE OF MOTION AND MOTION
13 ) TO VACATE DEFAULT AND
v. ) DEFAULT JUDGMENT;
14 ) MEMORANDUM OF POINTS AND
SAMPLE DEFENDANTS, ) AUTHORITIES; DECLARATION
15
) OF __________________________;
16 Defendants. ) EXHIBITS
)
17 ) DATE:
) TIME:
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____________________________________) DEPT:
19

20
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
 1 Be sure to remove these notices before using this document.
2
TO ___________________________________ AND THEIR ATTORNEYS OF
3

4 RECORD:

5 PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after

6 that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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____________________________________________, ,____________________ will move the
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Court to set aside the default that was entered against them on ___________________ , the Judgment
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10 that was entered against them on ________, and granting them leave to file their proposed answer, a

11 copy of which is attached as Exhibit "A" to the declaration of ______________________.

12 The Motion will be made under the provisions of Code of Civil Procedure 286 and the
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inherent equitable power of the Court on the grounds that the default and judgment were obtained
14
through extrinsic fraud or mistake due to the misconduct and abandonment of the attorney for the
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moving party, as more fully set forth in the declaration of ________________________, and the

17 exhibits attached thereto, attached hereto and incorporated herein by reference.

18 The Motion shall be based upon this notice, the attached points and authorities in
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support thereof, the files and records of this case, and the declaration of __________________,
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and the exhibits attached thereto, attached hereto, and on such other and further oral and/or
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documentary evidence as may be presented at the hearing on this Motion.
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Dated________________ _______________________________________________
24 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case arises from LIST HERE A BRIEF DESCRIPTION OF THE CASE
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INCLUDING PARTIES, CAUSES OF ACTION SUCH AS BREACH OF CONTRACT, TORT,

7 ETC.

8 Default was entered against the moving party on ____________ and a default judgment was
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entered against them on _________________. Put in the dates for each one, you can get the dates
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from the Court clerk.
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The moving party contends that they only heard about the default and judgment on LIST
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13 DATE YOU FIRST LEARNED ABOUT THE DEFAULT AND JUDGMENT when LIST HERE

14 THE CIRCUMSTANCES AS TO HOW YOU FIRST LEARNED ABOUT THE DEFAULT

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AND JUDGMENT.
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20 judgment-in-california-due-to-attorney-misconduct
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT