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Any Attorney or Party
Any Street
Any Town, CA 5...
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Be sure to remove these notices before using th...
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEME...
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II.
LEGAL ARGUMENT
A. THE COURT HAS THE POWER T...
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Sample motion to vacate sister state judgment in California

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This sample motion to vacate a sister state judgment in California is filed under the provisions of Code of Civil Procedure section 1710.40 on the grounds that the judgment is void because service was defective or was not made at all. The sample is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.

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Transcript of "Sample motion to vacate sister state judgment in California"

  1. 1. 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______________ SAMPLE PLAINTIFF, ) CASE NO. ) Plaintiff, ) NOTICE OF MOTION AND MOTION ) TO VACATE SISTER STATE JUDGMENT; v. ) MEMORANDUM OF POINTS AND ) AUTHORITIES, DECLARATIONS OF SAMPLE DEFENDANTS, ) ____________________; EXHIBITS ) Defendants. ) ) ) DATE: ) TIME: ____________________________________) DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your name and e-mail address in the sign-up box. To view more than 250 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents - 1 - NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT
  2. 2. 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 Be sure to remove these notices before using this document. 1 TO ___________________________________ AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after that as the matter can be heard, in Dept. _______of the above-entitled Court located at ____________________________________________, defendant __________1will and hereby does move this court for an order vacating the Sister State Judgment that was entered in this case on ________, under the provisions of Code of Civil Procedure § 1710.40 on the grounds of LIST HERE THE GROUNDS SUCH AS NOTICE OF ENTRY OF JUDGMENT NOT SERVED, SUMMONS IN SISTER STATE ACTION NOT SERVED, ETC. This motion is based on this notice of motion and motion, the attached memorandum of points and authorities, the declarations of _________ and __________ and exhibits attached thereto, the pleadings and papers on file herein, and upon such other matters as may be presented to the court at the time of the hearing. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 2 - NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT
  3. 3. 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 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS On __________ plaintiff filed an application for entry of sister state judgment requesting that the clerk enter a sister state judgment based on a judgment entered on _______ in the County of _____________, State of ___________ in the amount of $________ against defendant. See the application on file with the Court. On ____ the clerk of the Court entered a sister state judgment pursuant to the application of plaintiff. Plaintiff filed a proof of service of notice of entry of the sister state judgment with the Court on ____. Said proof of service alleges that defendant was served at LIST ADDRESS WHERE SERVICE WAS ALLEGEDLY MADE on ____ at ____.M. Defendant contends that the sister state judgment should be vacated on the grounds that LIST HERE THE GROUNDS SUCH AS NOTICE OF ENTRY OF JUDGMENT NOT SERVED, SUMMONS IN SISTER STATE ACTION NOT SERVED, ETC. You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to your situation. Be sure to include as much detail as you can as to why the sister state judgment should be vacated such as you were never served properly with the notice in California, or you were not served properly in the other state, etc. Include as much detail as you can and be sure to cite to your declaration and any attached exhibits. - 3 - NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT
  4. 4. 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 II. LEGAL ARGUMENT A. THE COURT HAS THE POWER TO SET ASIDE THE SISTER STATE JUDGMENT Code of Civil Procedure Section 1710.40(a) states that, “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.” To view the sample document on which this preview is based visit: http://www.scribd.com/doc/219825318/Sample-Motion-to-Vacate- Sister-State-Judgment-in-California - 4 - NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT

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