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 SAMPLE PLAINTIFF, ) CASE NO.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE DEFAULT AND
13
v. ) DEFAULT JUDGMENT;
14 ) MEMORANDUM OF POINTS AND
SAMPLE DEFENDANTS, ) AUTHORITIES; DECLARATION
15 ) OF __________________________;
Defendants. ) EXHIBITS
16
)
17 ) DATE:
) TIME:
18 ____________________________________) DEPT:
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
 1 TO PLAINTIFF ___________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
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PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
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that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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____________________________________________, Defendant,____________________ will

7 move the Court to set aside the Default that was entered against them on ___________________ , the

8 Judgment that was entered against them on ________, and granting them leave to file their Proposed
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Answer, a copy of which is attached as Exhibit "A" to the Declaration of ______________________.
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The Motion will be made under the provisions of Code of Civil Procedure Section 473.5 on
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the ground that the Default and Default Judgment were taken as a result of Defendant's lack of actual
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13 notice in time to defend the action as more fully set forth in the Declaration of __________________,

14 and the Exhibits attached thereto, attached hereto and incorporated herein by reference.
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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 hereto, attached hereto, and on such other and further oral and/or
18

19 documentary evidence as may be presented at the hearing on this Motion.

20

21
Dated________________ _______________________________________________
22 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT