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California Motion Set Aside PDF Details

In a recent turn of events, a California motion set aside was granted by the court. This motion, filed by the defendant, requests that the court dismiss the case due to lack of jurisdiction. The plaintiff has responded by filing an opposition to the motion. The grounds for the defendant's request are twofold: first, that the plaintiff failed to properly serve process upon the defendant; and second, that the amount in controversy does not meet the jurisdictional minimum requirement of $75,000. In its opposition, the plaintiff argues that it did serve proper process upon the defendant and disputes whether or not jurisdiction is even an issue in this case.

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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

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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.

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