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Sample motion to vacate stipulation in California

Sample motion to vacate stipulation in California

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This sample motion to vacate a stipulation or settlement in California is filed pursuant to the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement …

This sample motion to vacate a stipulation or settlement in California is filed pursuant to the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement should be set aside due to inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed since the date of the stipulation or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist that would make it unjust to enforce the stipulation. The sample on which this preview is based is 10 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.

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  • 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 ORDER OF DISMISSAL; 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 details over 250 sample legal documents sold by LegalDocsPro visit this website: http://www.scribd.com/LegalDocsPro/documents Be sure to remove these notices before using this document. - 1 - NOTICE OF MOTION AND MOTION TO VACATE STIPULATION
  • 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 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 ____________________________________________, _____________1will and hereby does move this court for an order vacating the LIST HERE WHETHER A STIPULATION OR SETTLEMENT entered into on LIST DATE, under the provisions of Code of Civil Procedure § 473 on the grounds of LIST GROUNDS HERE SUCH AS INADVERTENCE, EXCUSABLE NEGLECT, FRAUD, MISTAKE OF FACT OR LAW, WHERE THE FACTS STIPULATED HAVE CHANGED OR THERE HAS BEEN A CHANGE IN THE UNDERLYING CONDITIONS THAT COULD NOT HAVE BEEN ANTICIPATED, OR WHERE SPECIAL CIRCUMSTANCES EXIST RENDERING IT UNJUST TO ENFORCE THE STIPULATION, in that LIST HERE BRIEFLY THE FACTS SUPPORTING YOUR REQUEST TO VACATE THE STIPULATION as more fully set forth in the declaration of ______________ and exhibits attached thereto, concurrently filed and served herewith and incorporated herein by reference. This motion is based on this notice of motion and motion, the attached memorandum of points and authorities, the declaration of _________ __________ and exhibits attached thereto, the pleadings and papers on file herein, and upon such other and further oral and/or documentary evidence 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 STIPULATION
  • 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 1This case arises from BRIEFLY LIST THE DETAILS OF THE CASE SUCH AS BREACH OF CONTRACT, TORT, ETC. On or about __________, a LIST HERE WHETHER A STIPULATION OR SETTLEMENT (“stipulation”) was entered into between ________ and ________. The essential terms of the stipulation are LIST HERE THE ESSENTIAL TERMS OF THE STIPULATION. See the declaration of _________ and exhibit “__” attached thereto. ______________ contends that this court should grant relief from the stipulation by vacating the stipulation under the provisions of Code of Civil Procedure § 473 on the grounds of …. To view or purchase the sample document on which this preview is based visit: http://www.scribd.com/doc/232236072/Sample-Motion-to-Vacate- Stipulation-in-California - 3 - NOTICE OF MOTION AND MOTION TO VACATE STIPULATION