Motion To Set Aside Default Judgment Los Angeles California Form – Fill Out and Use This PDF

The Motion To Set Aside Default Judgment Los Angeles California form is a legal document used to request a court to revoke a default judgment that was entered due to a party not receiving proper notice in time to defend themselves. This motion relies on provisions under Code of Civil Procedure Section 473.5 and must be supported by an affidavit demonstrating the lack of actual notice was not due to the party's avoidance of service or inexcusable neglect. Interested parties are given a guideline on when this motion should be filed to increase the likelihood of a favorable decision.

If you believe you have grounds to contest a default judgment against you because you were not properly notified of the lawsuit, clicking the button below will guide you through filling out the form.

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Motion To Set Aside Default Judgment Los Angeles California Form PDF Details

The Motion To Set Aside Default Judgment in Los Angeles, California, serves as a valuable legal recourse for those who find themselves on the receiving end of a default judgment due to not being properly served or notified. This form is underpinned by the Code of Civil Procedure Section 473.5, which emphasizes the necessity of bringing such a motion within a specified timeframe – not exceeding two years after the entry of the default judgment or 180 days after receiving written notice of the judgment. The process mandates that the motion be accompanied by an affidavit that elucidates the lack of actual notice was not attributable to the avoidance of service or inexcusable neglect on part of the respondent. Moreover, this document delineates a structured approach towards opposing such motions, emphasizing grounds that might not support the setting aside of a default judgment under Section 473(b) of the Code of Civil Procedure. This form not only provides a procedural outline for filing and opposing motions to set aside defaults and vacate judgments but also involves a meticulous presentation of points and authorities, various motions applicable across different courts within California, and specific guidelines on how these should be formatted and submitted. Furthermore, it highlights the importance of demonstrating a meritorious defense or the presence of mistake, inadvertence, surprise, or excusable neglect as foundational arguments in these matters, thereby enabling the court to exercise its discretion in granting relief.

Question	Answer
Form Name	Motion To Set Aside Default Judgment Los Angeles California Form
Form Length	32 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	8 min
Other names	Bernardino, motion to set aside default judgment california unlawful detainer, CALIFORNIA, how to file motion to set aside default judgement in los angeles county

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I n d e x of

La w & M ot ion W or k sh op

H a n d ou t s

Generic Point s & Aut horit ies

♦Set Aside Default ( CCP 473 . 5) ( San Bernardino)

♦Opposing Set Aside Default ( CCP 473) ( San Bernardino)

Unlaw ful Det ainer Mot ion

♦Mot ion t o Set Aside Default , Vacat e Judgm ent & St ay Execut ion of Judgm ent ( Vent ura)

General Civil Mot ions/ Collect ions

♦ Mot ion for Paym ent of Judgm ent by I nst allm ent s

( Vent ura)

♦Mot ion in Lim ine t o Exclude Evidence ( Vent ura)

♦ Not ice of Mot ion and Mot ion for Assignm ent Order ( Vent ura)

Guardianship

♦Mot ion for Visit at ion ( Vent ura)

♦Pet it ion for Visit at ion; Order ( San Bernardino)

Discovery

♦Mot ions t o Com pel ( Vent ura)

Fam ily Law

♦Pet it ion for Fam ily Visit at ion ( San Bernardino)

Form at t ing Rules

♦Sum m ary of Form at t ing Rules

Websit e for m or e Vent ur a Super ior Cour t m ot ions:

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Law & Motion for Self Help Centers April 29, 2010

MEMORANDUM OF POINTS & AUTHORITIES

IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

Code of Civil Procedure Section 473.5 allows a Court to set aside a default judgment when service of a summons has not resulted in actual notice to a party in time to defend the action. This type of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (Code Civ. Proc., §473.5(a).)

The Motion “shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.” (Code Civ. Proc., §473.5(b).)

Here, the Respondent requests that the Court set aside the default and default judgment entered, and allow the filing of the Response. As explained in the attached declaration, Respondent was unable to defend the case due to lack of service.

Contrary to the Proof of Service of Summons filed in this action, Respondent was not served. (See Declaration) Respondent would like the opportunity to have all the issues decided with the Court’s assistance.

Date __________________	______________________________
	Respondent’s Signature

Memorandum of Points & Authorities

Motion to Set Aside Default 473.5

Name: ___________________

Address: _________________

_________________

Telephone: ________________

SUPERIO R C O URTO F C ALIFO RNIA, C O UNTY O F SAN BERNARDINO

DISTRIC T

	:		C a se NO .
	:
,	:		OPPOSI TI ON TO MOTI ON TO SET ASI DE THE
	:
	:
Pe titio ne r	:		;
	: Declarat ion of __________________.
v	:
	:	DATE:
,	:	TIME:
	:	DEPT
Re sp o nd e nt	:
	:

The Court should deny t he m ot ion t o set aside because t his m ot ion is not support ed

by any sufficient ground under Code of Civil Procedure Sect ion 473( b) , and t herefore t he

Court has no discret ion t o grant relief.

A m ot ion under Code of Civil Procedure Sect ion 473( b) is addressed t o t he sound

discret ion of t he t rial court . ( I ot t v . Fr ank lin ( 1988) 206 Cal. App. 3d 521, 527) . I f t he

m oving part y fails t o show t hat a j udgm ent has been t aken against him or her t hrough

m ist ake, inadvert ence, surprise, or excusable neglect , t he court m ay not grant relief; it has

no discret ion in t he m at t er ( I d. at 528 . )

O p p o sitio n to Mo tio n to Se t Asid e - 1

C a se Na m e : ____________________________________

C a se Num b e r: _________________

Here, as explained in t he at t ached declarat ion, t he m oving part y fails t o m eet t he

burden of proof because: [ check all t hat apply]

1)The m ist ake, inadvert ence, or surprise t hat j ust ifies a court in set t ing aside a default under Code of Civil Procedure Sect ion 473( b) m ust be reasonable. ( Cy r us v . Hav eson ( 1976) 65 Cal. App. 3d 306, 315 . )

An applicat ion for relief from a j udgm ent , dism issal, order, or ot her proceeding

t aken against a part y t hrough his or her m ist ake, inadvert ence, surprise, or

excusable neglect m ust be m ade wit hin a reasonable t im e, not exceeding six

m ont hs, aft er t he j udgm ent , dism issal, order, or proceeding was t aken. ( Code Civ .

Proc. , §473( b) . )

3)Mere m ist ake, inadvert ence, or neglect does not warrant relief under Code of Civil Procedure Sect ion 473( b) unless, on a considerat ion of all t he evidence, it is found t o be excusable. ( Mar t in v . Tay lor ( 1968) 267 Cal. App. 2d 112, 113 . )

4)____ Ot her legal reason : __________________________________________________________

	__________________________________________________________________________________
	__________________________________________________________________________________
	__________________________________________________________________________________.
Re sp e c tfully,
Da te d :	[sig na ture ]
	[p rint na m e ]

O p p o sitio n to Mo tio n to Se t Asid e - 2

C a se Na m e : ____________________________________

C a se Num b e r: _________________

VN147

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)	Telephone Number	FOR COURT USE ONLY
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA	LIMITED CIVIL
	CASE
800 SOUTH VICTORIA AVE. VENTURA, CA 93009
3855 – F ALAMO ST. SIMI VALLEY, CA 93063-2110

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

		CASE NUMBER:
NOTICE OF MOTION AND MOTION FOR ORDER
NOTICE OF MOTION AND MOTION FOR ORDER		HEARING DATE: ____________________
		HEARING DATE: ____________________
SETTING ASIDE DEFAULT		TIME: ____________________
VACATING DEFAULT JUDGMENT		COURTROOM: ____________________
STAYING EXECUTION OF JUDGMENT		COURTROOM: ____________________
STAYING EXECUTION OF JUDGMENT
EXPARTE		COMPLAINT DATE: ____________________

MOTION FOR ORDER SETTING ASIDE DEFAULT/VACATING DEFAULT JUDGMENT

1.Defendant ______________________________________________ does hereby move the court, pursuant to Section 473 of Code of Civil Procedure, for an order:

setting aside the default entered in this action on _________________________________________________________

vacating default judgment entered in this action on _______________________________________________________

2.Defendant further moves for an order permitting defendant to:

file an Answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits.

This motion is brought because

default

default judgment was/were taken against defendant:

Defendant was mistaken as to some material fact or law relating to defendant’s duty to respond.

Through inadvertence and/or oversight defendant failed to timely respond.

Defendant was prevented from responding due to an unexpected condition or situation which arose, without any default or negligence on his /her part, and which ordinary care could not have prevented.

Other ____________________________________________________________________________________________

4.Defendant possesses a meritorious defense against the unlawful detainer or other civil action.

Optional Form	NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT	Page 1 of 2
VN147 (Rev. 01/10)

VN147

Short Title:

Case Number:

MOTION FOR ORDER STAYING EXECUTION

5.Defendant, ___________________________________ , respectfully applies under Section 918 of the Code of Civil Procedure, for an order from this court directed to the Sheriff of Ventura County, to plaintiff, and to any other persons acting on behalf of or together with plaintiff, staying execution of the judgment entered in this action on the grounds that:

Defendant would suffer hardship if the judgment were to be executed at this time.

The judgment may be set aside or modified as requested in defendant’s motion to vacate default judgment.

The judgment may be set aside or modified in accordance with defendant’s motion for a new trial.

The judgment may be set aside or modified in accordance with defendant’s motion for judgment not withstanding the verdict.

The judgment may be set aside or modified in accordance with defendant’s motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure.

6.The motion filed above is filed with this application, and is now pending before this Court.

DECLARATION

7.I am the defendant in this action. I am asking the court to set aside

default

default judgment in this case.

8.I did not because

file a response to the summons and complaint

appear at the trial in the case

I did not receive the summons and complaint until ________________________ .

I was unable to come to the court because of the following medical emergency:

______________________________________________________________________________________

Other:

______________________________________________________________________________________

9.I have the following defense to

eviction

civil complaint for damages

______________________________________________________________________________________

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


Date: _________________________________________		___________________________
		Signature of Defendant
Optional Form	NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT		Page 2 of 2

VN147 (Rev. 01/10)

and $ in full.

Date:

judgment amount is paid

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS).	TELEPHONE NO.:	FOR COURT USE ONLY

ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

LIMITED CIVIL

800 SOUTH VICTORIA AVE., VENTURA CA. 93009

3855 - F ALAMO ST., SIMI VALLEY, CA. 93063-2110

PLAINTIFF/PETITIONER:

CASE NUMBER:

DEFENDANT/RESPONDENT:

Date:

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Time:

Courtroom:

NOTICE IS HEREBY GIVEN that on

, at

a.m

p.m. or as soon

thereafter as the matter may be heard, in Courtroom

of the above-captioned court, defendant

shall move the court for an order permitting payment of the judgment in the within action to

be paid in installments.

This motion is made pursuant to:

California Code of Civil Procedure Section 582.5

California Vehicle Code sections 16379 and 16380.

on the grounds that the defendant

does not have the means to pay the judgment in this action.

is severely restricted in finding employment without the ability to drive.

Facts supporting this motion are set forth in the following declaration.

Judgment debtor requests a payment schedule as follows:

dollars ($

) per month commencing on

each succeeding month thereafter until the entire $

				(Signature of Defendant)

	(Type or Print Name)		DECLARATION
			DECLARATION
I,			, declare as follows:

1.	I am the judgment debtor in this action. I am a resident of the County of				, State of California.

	I have personal knowledge of the following facts and if called upon to testify, I could and would give competent testimony to
	the facts stated in this declaration.
2.	On or about	, I was involved in a motor vehicle accident. At the time of the accident I did not have

insurance to cover me for liability resulting from the accident.

Optional Form

VN153 [Rev. 07/01/03]

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Page one of two

Short Title:

Case Number:

Other (describe) ___________________________________________________________________________________

__________________________________________________________________________________________________

3.On or about _________________________________, a judgment was entered against me in this case in the sum of $ __________

in damages and $ _____________________________ in costs; and that the total amount of the judgment is $________________.

4.I am not able to pay the judgment because ______________________________________________________________________

________________________________________________________________________________________________________

5.As a result of the judgment against me in this case:

my driver's license has been suspended. I am unable to work without a driver's license because:

_____________________________________________________________________________________________________

Other (describe) ____________________________________________________________________________________

___________________________________________________________________________________________________

6. In order to

get my driver's license reinstated, I must arrange for a payment schedule which I can reasonably meet.

Other (describe) ____________________________________________________________________________________

___________________________________________________________________________________________________

7.My monthly income is $ ____________________________. I have _______________ persons living in my household whom I support. Proof of my income is attached to this declaration as Exhibit "A". My completed financial statement is attached to this declaration as Exhibit "B". I believe I can make payments of $ ____________ per month commencing on _________________.

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

Executed on ______________________________, at _________________________________ California.

Type or Print Name

Signature of Defendant

VN153 Rev. 01/01/03

MOTION FOR PAYMENT OF JUDGMENT BY INSTALLMENTS

Page two of two

ATTORNEY OR PARTY WITHOUT ATTORNEY (name and Address):

PHONE NO.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA ฀ LIMITED

		CIVIL CASE
	STREET ADDRESS:
	MAILING ADDRESS:
CITY AND ZIP CODE:
	BRANCH NAME:

CASE NAME::

	฀ NOTICED MOTION TO EXCLUDE EVIDENCE (CCP 454)		CASE NUMBER:
	฀ NOTICED MOTION TO EXCLUDE EVIDENCE (CCP 454)
	฀ MOTION IN LIMINE (CRC 3.1112(F))

฀Hearing Date:		Time:	Courtroom:

฀Trial Date:		Time:	Courtroom:

Date of Filing Complaint: ______________________

SUMMARY OF RELEVANT FACTS

1.The factual issues in dispute in this case to which this motion is directed are as follows:

__________________________________________________________________________________________

REQUEST TO EXCLUDE EVIDENCE AND LEGAL AUTHORITY FOR EXCLUSION

2.฀ Plaintiff ฀ Defendant _______________________________________, requests that the

(Your Name)

following evidence be excluded:

฀Evidence of money allegedly owed by defendant to plaintiff. Defendant served plaintiff with a Demand for Specific Statement of Account (Bill of Particulars) on _________________________, but plaintiff did not provide any response. Under Code of Civil Procedure section 454, and the holding in Vassere

v.Joerger, 10 Cal.2d 689, 76 P.2d 656 (1983), the court has the authority to preclude plaintiff from presenting evidence of the alleged debt.

mot.shlac.006.rev.8.20.07

MOTION TO EXCLUDE EVIDENCE / MOTION IN LIMINE

Short Title

Case Number

฀Evidence of _______________________________________________________________________

__________________________________________________________________________________________

Legal authority for excluding the evidence described above:

__________________________________________________________________________________________

Dated:

(Type or print your name)

	DECLARATION
3.	I, _______________________________________, am the [ ] Plaintiff	[ ] Defendant.
	(Your Name)
4.	On __________________________________ I served the [ ] Plaintiff	[ ] Defendant with a
	(Date Demand Was Served)

Demand for Specific Statement of Account (Bill of Particulars), a true and correct copy of which is attached to this motion as Exhibit “A.” I received no response to the demand.

On __________________________________ I sent the [ ] Plaintiff

[ ] Defendant a letter

(Date Letter Was Sent)

informing him/her of my intention to bring this motion to exclude evidence. A true and correct copy of my letter is attached to this motion as Exhibit “B.”

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

Signed on ________________________________ at ___________________________________.

(Today’s Date)(City and State where you are signing)

________________________________________

(Sign your name)

mot.shlac.006.rev.8.20.07

MOTION TO EXCLUDE EVIDENCE / MOTION IN LIMINE

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)		Telephone Number	FOR COURT USE ONLY
⁫ATTORNEY FOR (Name):	⁫PLAINTIFF ⁫DEFENDANT ⁫SELF-REPRESENTED

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA		⁫ Limited Civil Case
⁫ 800 SOUTH VICTORIA AVE. VENTURA, CA 93009
⁫ 3855 – F ALAMO ST. SIMI VALLEY, CA 93063-2110
PLAINTIFF/PETITIONER
DEFENDANT/RESPONDENT

NOTICE OF MOTION & MOTION FOR ASSIGNMENT ORDER &			CASE NUMBER:
NOTICE OF MOTION & MOTION FOR ASSIGNMENT ORDER &
MEMORANDUM OF POINTS & AUTHORITIES

Hearing Date:	Time:	Courtroom:

NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER TO THE JUDGMENT DEBTOR AND TO ANY ATTORNEY OF RECORD FOR THE JUDGMENT DEBTOR:

NOTICE IS HEREBY GIVEN that at the hearing date noted above, __________________, Judgment

Creditor, will move the court for an order instructing __________________, Judgment Debtor, to assign to her

the Judgment Debtor’s interest in and all rights to payment under the following assets to the extent necessary to

satisfy the judgment:

1._____________________________________________________________________

______________________________________________________________________________

2._____________________________________________________________________

______________________________________________________________________________

3._____________________________________________________________________

______________________________________________________________________________

4._____________________________________________________________________

______________________________________________________________________________

This motion is made on the grounds that:

a.The judgment creditor has a judgment against the judgment debtor.

b.The balance due on this judgment is $___________________ plus post-judgment costs and accrued interest; and

NOTICE OF MOTION & MOTION FOR ASSIGNMENT ORDER &	Page 1 of 2
MEMORANDUM OF POINTS & AUTHORITIES

Short Title

Case Number

c.The judgment debtor has an assignable right to the payments described above.

This motion will be based on this Notice of Motion and Motion, the Declaration of Judgment Creditor, the Memorandum of Points and Authorities and the records and file of this action.

MEMORANDUM OF POINTS & AUTHORITIES

The judgment creditor’s motion for an Assignment Order seeks an assignment of the categories of payment due the judgment debtor, as described in the Declaration of Judgment Creditor.

Under Code of Civil Procedure Section 708.510, the court is authorized to order all or part of a judgment debtor’s right to payment due, or to be come due, assigned to the judgment creditor. This assignment may be ordered to the extent necessary to satisfy the money judgment. Accordingly, Judgment Creditor requests that the court issue an Assignment Order and that the assignment made under this order continue until the judgment specified in Judgment Creditor’s Declaration, plus post-judgment costs and accrued interest is fully satisfied.

Dated: __________________	_______________________________
	_______________________________
	(Printed Name)

NOTICE OF MOTION & MOTION FOR ASSIGNMENT ORDER &	Page 1 of 2
MEMORANDUM OF POINTS & AUTHORITIES

__________________________________

(Printed Name)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)		Telephone Number	FOR COURT USE ONLY
⁫ATTORNEY FOR (Name):	⁫PLAINTIFF ⁫DEFENDANT ⁫SELF-REPRESENTED

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA		⁫ Limited
Civil Case
⁫ 800 SOUTH VICTORIA AVE. VENTURA, CA 93009
⁫ 3855 – F ALAMO ST. SIMI VALLEY, CA 93063-2110
PLAINTIFF/PETITIONER
DEFENDANT/RESPONDENT

DECLARATION OF JUDGMENT CREDITOR IN SUPPORT OF			CASE NUMBER:
DECLARATION OF JUDGMENT CREDITOR IN SUPPORT OF
MOTION FOR ASSIGNMENT ORDER

I, _____________________________, declare as follows:

1.I obtained a judgment against ___________________________, Judgment Debtor, from the Ventura County Superior Court.

2.The balance due on this judgment is $______________ plus post-judgment costs and accrued

interest.

3.I am informed and believe that the judgment debtor is entitled to receive or will be entitled to receive the following payments:

a._____________________________________________________________________

______________________________________________________________________________

b._____________________________________________________________________

______________________________________________________________________________

c._____________________________________________________________________

______________________________________________________________________________

d._____________________________________________________________________

______________________________________________________________________________

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

Dated: ____________________

DECLARATION OF JUDGMENT CREDITOR IN SUPPORT OF MOTION FOR	Page 1 of 1
ASSIGNMENT ORDER

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)		Telephone Number	FOR COURT USE ONLY
⁫ATTORNEY FOR (Name):	⁫PLAINTIFF ⁫DEFENDANT ⁫SELF-REPRESENTED

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA		⁫ Limited
Civil Case
⁫ 800 SOUTH VICTORIA AVE. VENTURA, CA 93009
⁫ 3855 – F ALAMO ST. SIMI VALLEY, CA 93063-2110
PLAINTIFF/PETITIONER
DEFENDANT/RESPONDENT

ORDER ON JUDGMENT CREDITOR’S MOTION FOR ASSIGNMENT			CASE NUMBER:
ORDER ON JUDGMENT CREDITOR’S MOTION FOR ASSIGNMENT

On _____________________, the Court granted the motion of Judgment Creditor for Assignment

Order. The court ordered that the Judgment Debtor, _____________________, shall assign to

_________________________, Judgment Creditor, the Judgment Debtor’s right to receive the following

payments until the judgment amount of $_____________ is fully satisfied or this Order is amended: