This sample motion to vacate stipulation for California dissolution (divorce) case is filed pursuant to Code of Civil Procedure section 473 and Family Code section 210 and is used when a party wishes to have the court vacate a settlement or stipulation entered into on the grounds of mistake, inadvertence, excusable neglect, fraud, mistake of law or fact, where the facts stipulated have changed or there has been a change in the underlying that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation. The sample on which this preview is based 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.

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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 _________________
In re the marriage of:
Petitioner: _________________________
and
Respondent:____________________________
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Case No.
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF MOTION TO
VACATE STIPULATION; DECLARATION OF
________; EXHIBITS
DATE:
TIME:
DEPT:
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION

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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
____________ herein submits their Memorandum of Points and Authorities in support of
their motion 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 and Family Code § 210 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 the notice of motion or request for order, 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
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
AS TYPE OF CASE, DATE(S) OF HEARING, DATE AND DETAILS OF STIPULATION,
ETC.
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POINTS AND AUTHORITIES-MOTION TO VACATE STIPULATION