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 DEFAULT AND DEFAULT JUDGMENT
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14 Respondent:____________________________ ) DATE:
) TIME:
) DEPT:
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
 1 I.
2 STATEMENT OF FACTS
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Petitioner, LIST NAME OF PETITIONER, filed a Petition for Dissolution of Marriage on
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or about LIST DATE THAT PETITION WAS FILED. The Petition alleged the date of marriage to
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be LIST DATE OF MARRIAGE LISTED ON PETITION and the date of separation to be LIST

7 DATE OF SEPARATION LISTED ON PETITION. The Petition further alleged that there was no

8 Community Property or Community Debts. See the Petition on file with the Court.
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Petitioner submitted a Proof of Service which was filed with the Court on or about LIST
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DATE PROOF OF SERVICE WAS FILED. The Proof of Service alleges that Respondent LIST
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NAME OF RESPONDENT was personally served at LIST TIME.M. on LIST DATE. See the
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13 Proof of Service on file with the Court.

14 Default was entered on or about LIST DATE DEFAULT WAS ENTERED. See the Request
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to Enter Default on file with the Court.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT WAS ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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19 Court.

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Put in the dates for each one, you can get the dates from the Court
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22 clerk.
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Respondent alleges that she only heard about the petition sometime in late January of
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_________ when the receptionist at her office informed her that someone had left a copy at the front
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desk. After the receptionist gave her the paperwork that had been left at the front desk, Respondent
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27 briefly reviewed the petition, and then set the paperwork aside with the intention of contacting an

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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
 1 attorney to discuss the petition. However, Respondent was unable to find the paperwork when she
2 looked for it again, and did not find it again until the last week of April, ______.
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When Respondenet, _________________ researched the case on the Courts website on or
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about ______________, she discovered that Default had been entered against her on
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______________, and a Judgment had been entered on ___________________________.

7 See the Declaration of _______________________ and Exhibits attached thereto filed and

8 served concurrently and incorporated herein by reference.

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To purchase the entire 10 page document visit:
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11 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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california-divorce-judgment-under-ccp-section-473
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POINTS AND AUTHORITIES-MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT