1 Any Attorney or Party

Any Street
2 Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
5

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF _______________

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11 SAMPLE PLAINTIFF, ) CASE NO.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE STIPULATION;
13
v. ) MEMORANDUM OF POINTS AND
14 ) AUTHORITIES, DECLARATIONS OF
SAMPLE DEFENDANTS, ) ____________________; EXHIBITS
15 )
Defendants. )
16
)
17 ) DATE:
) TIME:
18 ____________________________________) DEPT:
19

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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION
 1 TO ___________________________________ AND THEIR ATTORNEYS OF
2
RECORD:
3
PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
4
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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6 ____________________________________________, _____________will and hereby does move

7 this court for an order vacating the LIST HERE WHETHER A STIPULATION OR
8 SETTLEMENT entered into on LIST DATE, under the provisions of Code of Civil Procedure
9
473 on the grounds of LIST GROUNDS HERE SUCH AS INADVERTENCE, EXCUSABLE
10
NEGLECT, FRAUD, MISTAKE OF FACT OR LAW, WHERE THE FACTS STIPULATED
11

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HAVE CHANGED OR THERE HAS BEEN A CHANGE IN THE UNDERLYING

13 CONDITIONS THAT COULD NOT HAVE BEEN ANTICIPATED, OR WHERE SPECIAL

14 CIRCUMSTANCES EXIST RENDERING IT UNJUST TO ENFORCE THE STIPULATION,

15
in that LIST HERE BRIEFLY THE FACTS SUPPORTING YOUR REQUEST TO VACATE
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THE STIPULATION as more fully set forth in the declaration of ______________ and exhibits
17
attached thereto, concurrently filed and served herewith and incorporated herein by reference.
18

19 This motion is based on this notice of motion and motion, the attached memorandum of points

20 and authorities, the declaration of _________ __________ and exhibits attached thereto, the
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pleadings and papers on file herein, and upon such other and further oral and/or documentary
22
evidence as may be presented to the court at the time of the hearing.
23

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Dated________________ _______________________________________________
25 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case arises from BRIEFLY LIST THE DETAILS OF THE CASE SUCH AS
5

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BREACH OF CONTRACT, TORT, ETC.

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to-vacate-stipulation-in-california
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NOTICE OF MOTION AND MOTION TO VACATE STIPULATION