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Sample motion to vacate California divorce judgment under CCP section 473.5

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This sample motion to vacate a California divorce judgment under Code of Civil Procedure section 473.5 is designed to be used with a request for order or notice of motion when a respondent did not file a response to the petition on time due to their lack of actual notice in time to defend the action. The sample motion on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and also includes a sample declaration. The author is a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample motion to vacate California divorce judgment under CCP section 473.5

  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 County of ___________ In re the marriage of: Petitioner: _________________________ and Respondent:____________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR ORDER TO VACATE DEFAULT AND DEFAULT JUDGMENT DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. /// /// /// - 1 - POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT 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 I. STATEMENT OF FACTS Petitioner, LIST NAME OF PETITIONER, filed a Petition for Dissolution of Marriage on or about LIST DATE THAT PETITION WAS FILED. The Petition alleged the date of marriage to be LIST DATE OF MARRIAGE LISTED ON PETITION and the date of separation to be LIST DATE OF SEPARATION LISTED ON PETITION. The Petition further alleged that there was no Community Property or Community Debts. See the Petition on file with the Court. Petitioner submitted a Proof of Service which was filed with the Court on or about LIST DATE PROOF OF SERVICE WAS FILED. The Proof of Service alleges that Respondent LIST NAME OF RESPONDENT was personally served at LIST TIME.M. on LIST DATE. See the Proof of Service on file with the Court. Default was entered on or about LIST DATE DEFAULT WAS ENTERED. See the Request to Enter Default on file with the Court. The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE JUDGMENT WAS ENTERED. See the Judgment and Notice of Entry of Judgment on file with the Court. Put in the dates for each one, you can get the dates from the Court clerk. Respondent contends that he was not personally served with the summons and Petition and had no knowledge that he was even being sued until someone at the office where he works gave him a copy of the summons and petition sometime in _____________. - 2 - POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT 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 Respondent did not know that a Judgment had been entered against him until he received a copy of a notice of entry of judgment in the mail sometime in _____________. See the Declaration of _______________________ attached hereto and incorporated herein by reference. To purchase the entire document visit: https://legaldocspro.myshopify.com/products/sample-motion-to-vacate- california-divorce-judgment-under-ccp-section-473-5 - 3 - POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

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