This sample opposition to a motion to vacate a judgment on the grounds of extrinsic fraud or mistake in California is filed on the grounds that (1) the moving party has not met their burden of showing extrinsic fraud or mistake, (2) the moving party has not met their burden of showing a meritorious defense, (3) the moving party has not shown a satisfactory excuse for failing to timely answer the complaint; and (4) the moving party has not shown reasonable diligence in seeking to set aside the default judgment once it was discovered. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law, sample declaration and proof of service. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale

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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 _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO MOTION TO VACATE
JUDGMENT FOR EXTRINSIC FRAUD OR
MISTAKE; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF _________;
EXHIBITS
DATE:
TIME:
DEPT:
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE

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Be sure to remove this notice and all other notices before using
this document.
1 NAME AND PARTY CAPACITY herein submits their opposition to the motion to vacate
judgment on the grounds of extrinsic fraud or mistake NAME AND PARTY CAPACITY on the
grounds that (1) the moving party has not met their burden of showing extrinsic fraud or mistake, (2)
the moving party has not met their burden of showing a meritorious defense, (3) the moving party has
not shown a satisfactory excuse for failing to timely answer the complaint; and (4) the moving party
has not shown reasonable diligence in seeking to set aside the default judgment once it was
discovered.
The opposition shall be based on this opposition, the attached memorandum of points and
authorities, the declaration of ___________and exhibits attached thereto, 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
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE

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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.
To view the sample document on which this preview is based visit:
https://www.scribd.com/document/338277466/Sample-Opposition-to-
Motion-to-Vacate-Judgment-for-Extrinsic-Fraud-or-Mistake-in-
California
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE