This sample motion to vacate a stipulation or settlement in California is filed pursuant to the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement should be set aside due to inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed since the date of the stipulation or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist that would make it unjust to enforce the stipulation. The sample on which this preview is based is 10 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 _______________
SAMPLE PLAINTIFF, ) CASE NO.
)
Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE ORDER OF DISMISSAL;
v. ) MEMORANDUM OF POINTS AND
) AUTHORITIES, DECLARATIONS OF
SAMPLE DEFENDANTS, ) ____________________; EXHIBITS
)
Defendants. )
)
) DATE:
) TIME:
____________________________________) DEPT:
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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION

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1 TO ___________________________________ AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
____________________________________________, _____________1will and hereby does move
this court 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 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 this notice of motion and motion, 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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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
1This case arises from BRIEFLY LIST THE DETAILS OF THE CASE SUCH AS
BREACH OF CONTRACT, TORT, ETC.
On or about __________, a LIST HERE WHETHER A STIPULATION OR
SETTLEMENT (“stipulation”) was entered into between ________ and ________. The essential
terms of the stipulation are LIST HERE THE ESSENTIAL TERMS OF THE STIPULATION.
See the declaration of _________ and exhibit “__” attached thereto.
______________ contends that this court should grant relief from the stipulation by vacating
the stipulation under the provisions of Code of Civil Procedure § 473 on the grounds of ….
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Stipulation-in-California
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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION