1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.

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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE PROPERTY SETTLEMENT
) AGREEMENT
14 Respondent:____________________________ )
) DATE:
) TIME:
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) DEPT:
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- 1 -
POINTS AND AUTHORITIES-MOTION TO VACATE PROPERTY SETTELEMENT AGREEMENT
 1 I.
2 STATEMENT OF FACTS
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The parties were married on DATE OF MARRIAGE and separated on DATE OF
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SEPARATION. On DATE AGREEMENT WAS SIGNED, NAME OF MOVING PARTY signed
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a Property Settlement Agreement (Agreement) in which they agreed to accept the sum of $LIST

7 AMOUNT HERE as full and complete reimbursement for their share of the community property.

8 NAME OF MOVING PARTY contends that the Agreement should be vacated on the
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following grounds:
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At the time that NAME OF MOVING PARTY signed the Agreement they were not
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represented by counsel, and they did not consult with any attorney prior to signing the Agreement.
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13 Further, at the time that NAME OF MOVING PARTY signed the Agreement, their rent for

14 MONTH THAT RENT WAS DUE was already late and they were going to be served with a 3-Day
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Notice to Pay Rent or Quit by their landlord. They did not have any money to pay her rent as they
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were not working at the time they signed the Agreement.
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NAME OF MOVING PARTY is now working but only has a gross income of around $LIST
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19 AMOUNT HERE per month compared to NAME OF OTHER SPOUSE who has a gross monthly

20 income of around $LIST AMOUNT HERE.

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NAME OF OTHER SPOUSE has a large amount of property in which NAME OF
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MOVING PARTY may have a community property share. MOVING PARTY is not aware of the
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exact extent of said property but is presently aware of the following property: LIST ALL KNOWN
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25 PROPERTY OF THE OTHER PARTY THAT MAY BE COMMUNITY PROPERTY SUCH

26 AS VEHICLES, BANK ACCOUNTS, PENSION OR RETIREMENT PLANS, ETC.

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- 2 -
POINTS AND AUTHORITIES-MOTION TO VACATE PROPERTY SETTELEMENT AGREEMENT
 1 NAME OF MOVING PARTY retained an attorney and filed their Petition for Dissolution of
2 Marriage on DATE PETITION WAS FILED, and then filed this Request for Order Set Aside the
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Property Settlement Agreement which is currently before the Court.
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POINTS AND AUTHORITIES-MOTION TO VACATE PROPERTY SETTELEMENT AGREEMENT