California Motion Set Aside – Fill Out and Use This PDF

The California Motion Set Aside Form is a crucial legal document used by a defendant within the California judicial system to request the court to set aside a default judgment that has been entered against them. This form, underpinned by CCP § 473, allows individuals to seek relief on grounds such as mistake, inadvertence, surprise, or excusable neglect, highlighting the justice system's preference for resolving cases based on their merits rather than procedural oversights. For those looking to rectify a default judgment against them, understanding how to accurately complete and submit this form is pivotal. Click the button below to begin filling out the California Motion Set Aside form and take the first step towards addressing your judgment.

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California Motion Set Aside PDF Details

Navigating through the complexities of the legal system can be quite daunting, especially when dealing with the aftermath of a judgment that may have been entered against you mistakenly or without your knowledge. In the State of California, the courts recognize that mistakes happen, and there is a provision for individuals to seek redress through a legal mechanism known as the Motion to Set Aside Default and Default Judgment. This process is critically important for those who have found themselves defaulted in a case due to reasons such as mistake, inadvertence, surprise, or excusable neglect. The information contained within the California Motion Set Aside form provides a pathway for defendants to formally request the court to reconsider and possibly vacate a judgment or default that was entered against them. It outlines the necessary steps, starting with a notice of motion, supported by a memorandum of points and authorities, and a declaration by the defendant outlining the reasons for their inability to respond in a timely manner. The form, acting under the guidelines provided by Code of Civil Procedure Section 473 (b), emphasizes the justice system’s preference for resolving cases on their merits rather than on procedural technicalities. The declaration section of the form allows defendants to explain their side of the story, backed by the legal assertion that any doubt in applying section 473 should favor the party seeking relief from default. This form serves as a crucial tool for those seeking a second chance to present their case and ensure that a fair hearing is conducted based on the substantive issues at hand.

Question	Answer
Form Name	California Motion Set Aside
Form Length	3 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	45 sec
Other names	default judgment set, set aside default, motion set aside default, california motion set aside

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_______________________________

In Pro Per

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

________________________________,	)	Case No.: ____________________
	)
Plaintiff,	)	NOTICE OF MOTION AND MOTION TO
	) SET ASIDE DEFAULT AND DEFAULT
vs.	)	JUDGMENT, MEMORANDUM OF
	) POINTS AND AUTHORITIES AND
________________________________,	)	DECLARATION OF DEFENDANT
	)
Defendant	)	Hearing Date: _______________
	)	Dep’t: _________
	) Judge: Neal A. Cabrinha

To Plaintiff:

PLEASE TAKE NOTICE that on _______________ at ____________ in Department

_____, of the above entitled court, located at 191 North First Street, San Jose CA 95113, before

the Honorable Neal A. Cabrinha, defendant will move to set aside the default and any judgment thereon taken against defendant.

This Motion is made pursuant to CCP § 473 and is based on one or more of the following grounds:

1. SET ASIDE DEFAULT JUDGMENT WITHIN SIX MONTHS BASED ON:

□MISTAKE

□INADVERTENCE

□SURPRISE

□EXCUSABLE NEGLECT

NOTICE OF MOTION, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION - 1

This Motion is based on the Memorandum of Points and Authorities and the Declaration of

________________________ which follow, and on all of the pleadings, records, and files in this

action.

Dated:

By:

In Pro Per

MEMORANDUM OF POINTS AND AUTHORITIES

Code of Civil Procedure Section 473 (b) states in relevant part:

The court may, upon any terms as may be just, relieve a party of his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, . . .

and shall be made within a reasonable time, in no case exceeding six months, after the judgment, order or proceeding was taken.

In the present case, defendant did not file a timely response to the complaint for the

reasons stated in the attached declaration. The policy of the law is to have every case tried on its

merits and that policy views with disfavor a party who, regardless of the merits, attempts to take

advantage of the mistake, inadvertence, or neglect of his adversary. This policy is so strong that

“any doubts in applying section 473 must be resolved in favor of the party seeking relief from

default.” Elston v. City of Turlock (1985) 38 Cal.3d 227, 233; Slusher v. Durrer (1977) 69 Cal.

App. 3d 747, 753.

For the reasons stated in this Memorandum and in the attached Declaration, the

court should set aside the default and any judgment thereon taken against defendant.

NOTICE OF MOTION, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION - 2

DECLARATION OF DEFENDANT

I, _______________________________, declare:

I am the Defendant in this action. I have personal knowledge of the matters discussed below and, if called as a witness, I could competently testify to them. I did not file a timely response to

the complaint in this action for the following reason(s):

______________________________________________________________________________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:By:

In Pro Per

NOTICE OF MOTION, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION - 3

How to Edit California Motion Set Aside Online for Free

There isn't anything complicated about filling in the set aside default once you open our PDF editor. By simply following these basic steps, you'll get the fully filled out PDF in the least time frame feasible.

Step 1: Select the orange "Get Form Now" button on this webpage.

Step 2: Once you enter the set aside default editing page, you will find each of the actions you can undertake regarding your file at the top menu.

Prepare the set aside default PDF by entering the data meant for each area.

filling in motion to set aside default judgment stage 1

Write down the necessary details in To Plaintiff, PLEASE TAKE NOTICE that on at in, of the above entitled court, the Honorable Neal A Cabrinha, thereon taken against defendant, This Motion is made pursuant to, grounds, SET ASIDE DEFAULT JUDGMENT WITHIN, MISTAKE, INADVERTENCE, SURPRISE, and EXCUSABLE NEGLECT part.

step 2 to finishing motion to set aside default judgment

It is vital to provide some information inside the space This Motion is based on the, which follow and on all of the, action, Dated, In Pro Per, MEMORANDUM OF POINTS AND, Code of Civil Procedure Section b, and The court may upon any terms as.

stage 3 to completing motion to set aside default judgment

Through paragraph DECLARATION OF DEFENDANT, I declare, I am the Defendant in this action, if called as a witness I could, and the complaint in this action for, indicate the rights and obligations.

motion to set aside default judgment DECLARATION OF DEFENDANT, I declare, I am the Defendant in this action, if called as a witness I could, and the complaint in this action for fields to complete

Finalize by analyzing the next sections and completing the appropriate particulars: I declare under penalty of perjury, true and correct, and Dated In Pro Per.

step 5 to entering details in motion to set aside default judgment

Step 3: Click the Done button to confirm that your finalized form could be exported to each electronic device you want or delivered to an email you specify.

Step 4: Have a copy of each separate form. It would save you time and make it easier to remain away from difficulties as time goes on. Also, your information isn't going to be distributed or viewed by us.

California Motion Set Aside – Fill Out and Use This PDF

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