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Sample California complaint to vacate judgment
 

Sample California complaint to vacate judgment

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This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this ...

This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.

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Sample California complaint to vacate judgment Sample California complaint to vacate judgment Document Transcript

  • - 1 - COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-100, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. COMPLAINT FOR: 1. INDEPENDENT ACTION IN EQUITY TO SET ASIDE AND VACATE JUDGMENT FOR LACK OF PERSONAL JURISDICTION 2. INDEPENDENT ACTION IN EQUITY TO SET ASIDE AND VACATE JUDGMENT FOR EXTRINSIC FRAUD OR MISTAKE UNLIMITED CIVIL, DEMAND OVER $25,000 To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view other documents for sale by LegalDocsPro visit
  • - 2 - COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 http://www.scribd.com/LegalDocsPro/documents Plaintiff, _________________, hereby complain and allege as follows: 1. Plaintiffs (“Plaintiffs”) are now, and at all times relevant herein were, individuals and residents of the City of _________________, County of _________, State of California. 2. Defendant _________ (“Defendant”) is, and at all times relevant herein was, an individual, residing in and doing business in the City of _________________, County of _________, State of California. 3. This court is the proper court for trial in this action in that the judgment being sought to be vacate was entered, and defendants are currently residing within, this Court’s jurisdictional area. 4. Plaintiffs are unaware of the true names or capacities, whether they are individuals or business entities, of Defendant DOES 1 through 100, and therefore sues them by such fictitious names and will seek leave of this Court to insert true names and capacities once they have been ascertained. 5. At all times mentioned herein, Defendants, and each of them, inclusive of DOES 1 through 100, were authorized and empowered by each other to act, and did so act, as agents of each other, and all of the things herein alleged to have been done by them were done in the capacity of such agency. Upon information and belief, all Defendants are responsible in some manner for the events described herein and are liable to Plaintiffs for the damages they have incurred. /// /// /// /// ///
  • - 3 - COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST CAUSE OF ACTION FOR INDEPENDENT ACTION IN EQUITY TO SET ASIDE AND VACATE JUDGMENT FOR LACK OF PERSONAL JURISDICTION (Against all Defendants) 6. Plaintiffs refer to, and incorporate by reference, the allegations of paragraphs 1 through 5 of this complaint, as though fully set forth herein. 7. On or about LIST DATE COMPLAINT WAS FILED, a complaint for LIST HERE NATURE OF COMPLAINT FILED SUCH AS BREACH OF CONTRACT, ETC., was filed in this Court by defendants against plaintiffs. Said complaint was captioned as LIST CAPTION OF COMPLAINT, Case Number LIST CASE NUMBER, (“Prior action”). To view the sample document on which this preview is based visit: http://www.scribd.com/doc/214102574/Sample-California-Complaint- to-Vacate-Judgment