Sample California motion to vacate judgment and enter different judgment under Code of Civil Procedure section 663

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This sample motion to set aside and vacate judgment and enter another and different judgment for California is made under Code of Civil Procedure section 663 on the grounds that the judgment is based on an incorrect or erroneous legal basis that is not consistent with or not supported by the facts or a judgment or decree is not consistent with or not supported by the special verdict. The sample document on which this preview is based is 15 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.

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Sample California motion to vacate judgment and enter different judgment under Code of Civil Procedure section 663

  1. 1. 2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, 12 13 14 15 Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF INTENTION TO MOVE TO SET ASIDE AND VACATE AND ENTER ANOTHER AND DIFFERENT JUDGMENT 17 18 To subscribe to my FREE California weekly legal newsletter visit 19 20 21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before 22 23 24 25 26 using this document. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx 27 28 TO _______________________ AND THEIR ATTORNEYS OF RECORD: - 1 -
  2. 2. NOTICE IS HEREBY GIVEN that, on INSERT DATE OF HEARING at INSERT TIME 1 2 3 4 5 6 OF HEARING or as soon thereafter as the matter may be heard, in Dept/Division INSERT DEPARTMENT OR DIVISION of the above entitled court located at INSERT FULL STREET ADDRESS OF COURT, INSERT YOUR NAME AND YOUR PARTY CAPACITY SUCH AS PLAINTIFF OR DEFENDANT will move pursuant to Code of Civil Procedure § 663 for an order: 1. 7 8 9 ENTERED; USE EITHER PARAGRAPH 2 BELOW AS NEEDED IN YOUR CASE 10 2. 11 12 13 14 15 16 To set aside and vacate the judgment entered on LIST DATE JUDGMENT To amend and correct the statement of decision filed in this action on LIST DATE STATEMENT OF DECISION WAS FILED; and OR 2. To correct the judgment or decree of the court that is not consistent with the special verdict, rendered by the jury on LIST DATE SPECIAL VERDICT RENDERED; and 3. To enter another and different judgment. 17 18 19 20 21 22 IF YOUR GROUNDS ARE AN INCORRECT OR ERRONEOUS LEGAL BASIS FOR THE DECISION USE THE FIRST WORDING SHOWN BELOW. The motion will be made on the ground that the legal basis for the decision filed by the court is incorrect and/or erroneous in that it is not consistent with and/or supported by the facts. These errors have materially affected the substantial rights of LIST YOUR NAME AND PARTY 23 24 25 26 27 CAPACITY entitling him/her to a different judgment in that STATE FACTS SHOWING HOW YOU WERE DEPRIVED OF A FAIR TRIAL. The following legal bases for the decision, for the reasons specified, are incorrect and/or erroneous and not consistent with and/or supported by the facts: 28 - 2 -
  3. 3. 1 2 3 4 5 6 1. LIST HERE THE ERRONEOUS OR INCORRECT LEGAL BASES AND IDENTIFY THEM BY PARAGRAPH, PAGE AND LINE NUMBER IN THE STATEMENT OF DECISION AND SPECIFY THE REASONS WHY THEY ARE ERRONEOUS OR INCORRECT. The statement of decision should be amended and corrected as follows: 7 USE WHICHEVER ONE OF THE TWO PARAGRAPHS BELOW APPLIES TO YOUR 8 SITUATION. 9 10 11 12 13 14 15 16 1. LIST HERE THE CHANGES YOU DESIRE IN THE STATEMENT OF DECISION. OR, IF YOU CONTEND THAT THE JUDGMENT OR DECREE IS NEITHER CONSISTENT WITH NOR SUPPORTED BY THE SPECIAL VERDICT. The motion will be made on the ground that the STATE JUDGMENT OR DECREE AS APPROPRIATE IN YOUR CASE is not consistent with or supported by the special verdict of the jury. This error materially affected the substantial rights of LIST YOUR NAME AND PARTY 17 18 19 20 CAPACITY entitling him/her to a different judgment in that STATE THE FACTS SHOWING HOW YOU WERE DEPRIVED OF A FAIR TRIAL. To view the sample document on which this preview is based visit: 21 22 23 http://www.scribd.com/doc/184656865/Sample-California-Motion-toSet-Aside-and-Vacate-Judgment-and-Enter-Another-and-Different- 24 25 Judgment 26 27 28 - 3 -

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