This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.

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COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT
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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 Defendant, and DOES 1-100, inclusive,
Defendants.
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Case No.
COMPLAINT FOR:
1. INDEPENDENT ACTION IN EQUITY TO SET
ASIDE AND VACATE JUDGMENT FOR LACK
OF PERSONAL JURISDICTION
2. INDEPENDENT ACTION IN EQUITY TO SET
ASIDE AND VACATE JUDGMENT FOR
EXTRINSIC FRAUD OR MISTAKE
UNLIMITED CIVIL, DEMAND OVER $25,000
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COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT
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Plaintiff, _________________, hereby complain and allege as follows:
1. Plaintiffs (“Plaintiffs”) are now, and at all times relevant herein were, individuals and
residents of the City of _________________, County of _________, State of California.
2. Defendant _________ (“Defendant”) is, and at all times relevant herein was, an
individual, residing in and doing business in the City of _________________, County of _________,
State of California.
3. This court is the proper court for trial in this action in that the judgment being sought
to be vacate was entered, and defendants are currently residing within, this Court’s jurisdictional area.
4. Plaintiffs are unaware of the true names or capacities, whether they are individuals or
business entities, of Defendant DOES 1 through 100, and therefore sues them by such fictitious
names and will seek leave of this Court to insert true names and capacities once they have been
ascertained.
5. At all times mentioned herein, Defendants, and each of them, inclusive of DOES
1 through 100, were authorized and empowered by each other to act, and did so act, as agents of each
other, and all of the things herein alleged to have been done by them were done in the capacity of
such agency. Upon information and belief, all Defendants are responsible in some manner for the
events described herein and are liable to Plaintiffs for the damages they have incurred.
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COMPLAINT TO SET ASIDE AND VACATE VOID JUDGMENT
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FIRST CAUSE OF ACTION FOR INDEPENDENT ACTION IN EQUITY TO
SET ASIDE AND VACATE JUDGMENT FOR LACK OF PERSONAL JURISDICTION
(Against all Defendants)
6. Plaintiffs refer to, and incorporate by reference, the allegations of paragraphs 1 through
5 of this complaint, as though fully set forth herein.
7. On or about LIST DATE COMPLAINT WAS FILED, a complaint for LIST
HERE NATURE OF COMPLAINT FILED SUCH AS BREACH OF CONTRACT, ETC., was
filed in this Court by defendants against plaintiffs. Said complaint was captioned as LIST
CAPTION OF COMPLAINT, Case Number LIST CASE NUMBER, (“Prior action”).
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/214102574/Sample-California-Complaint-
to-Vacate-Judgment