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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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Sample opposition to motion to vacate in California with an attorney affidavit of fault

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This sample opposition to California motion to vacate judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) on several grounds including that the motion is untimely, does not include the required attorney affidavit of fault, the attorney is covering up for the client and other grounds. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.

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Sample opposition to motion to vacate in California with an attorney affidavit of fault

  1. 1. - 1 - OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT 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 _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________ DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view sample document packages sold by LegalDocsPro visit: http://www.legaldocspro.com/downloads.aspx
  2. 2. - 2 - OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT 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 Plaintiff, _____________________________________ herein submits its Opposition to Defendants ________________________ Motion to Vacate the Default and Judgment entered against them on the grounds that LIST HERE THE REASONS WHY YOU OPPOSE THE MOTION SUCH AS THE MOTION IS UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS INCLUDED, ATTORNEY IS COVERING UP FOR THE CLIENT, and therefore the Motion should be denied. The Opposition shall be based on this Opposition, the attached Memorandum of Points and Authorities, the declaration of __________, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that YOUR OPPOSITION MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS BEFORE THE HEARING. Court days means Monday through Friday, except for Court holidays. You should serve your opposition by personal delivery or overnight mail. See Code of Civil Procedure Section 1005 for more details.
  3. 3. - 3 - OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT 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 This case arises out of: Add information here to inform the Court of the circumstances of the particular case, such as relationship between parties, etc. Plaintiffs complaint alleges that: Add information here from the actual complaint such as brief description of causes of action, facts alleged, etc. Defendants were served on _________, a default was entered on ________, and the default judgment was entered on ______________. Defendants have filed a motion to vacate the default and judgment under the provisions of Section 473(b) of the Code of Civil Procedure under the mandatory “attorney affidavit of fault” provisions. Plaintiff contends that the motion should be denied on the following grounds: LIST HERE THE REASONS WHY YOU OPPOSE THE MOTION SUCH AS THE MOTION IS UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS INCLUDED, ATTORNEY IS COVERING UP FOR THE CLIENT. CITE TO ANY ATTACHED DECLARATIONS OR EXHIBITS THAT SUPPORT YOUR CONTENTIONS. /// /// /// /// /// ///
  4. 4. - 4 - OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT 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. ARGUMENT A. ANY MOTION FOR RELIF UNDER SECTION 473(b) UNDER THE ATTORNEY AFFIDAVIT OF FAULT PROVISIONS MUST BE MADE WITHIN SIX MONTHS FROM THE DATE THAT THE JUDGMENT WAS ENTERED Code of Civil Procedure § 473(b) states in pertinent part that, “Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, (the court shall vacate any (1) resulting default entered by the clerk or (2) resulting default judgment or dismissal entered against his or her client”. However Code of Civil Procedure § 473(b) also states in pertinent part that the court may deny relief if it finds the default or dismissal “was not in fact caused by the attorney's mistake, inadvertence, surprise or neglect”. Judgment in this case was entered against Defendants on LIST DATE THE JUDGMENT WAS ENTERED. Their motion to vacate was filed on LIST DATE MOTION WAS FILED and served on Plaintiff on LIST DATE MOTION WAS SERVED ON YOU. Therefore a total of LIST NUMBER OF DAYS have accrued between the date of entry of judgment and the date of filing and service of the motion to vacate. Because the motion to vacate was neither filed nor served within the six month period specified by law the motion must be denied. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/214151704/Sample-Opposition-to- Motion-to-Vacate-in-California-Attorney-Affidavit-of-Fault

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