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.

QuestionAnswer
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

Form Preview Example

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:

ht t p: / / w w w . v ent ur a. cour t s. ca. gov / v ent ur aMast er Fr am es14 . ht m

Law & Motion for Self Help Centers April 29, 2010

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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

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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: _________________

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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 . )

2)

 

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

 

HEARING DATE: ____________________

 

 

SETTING ASIDE DEFAULT

 

TIME: ____________________

VACATING DEFAULT 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.

3.

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)

 

 

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1. The fillable motion on 473 requires particular details to be entered. Be sure that the subsequent fields are finalized:

Filling out section 1 in SIMI

2. When the previous array of fields is completed, you should put in the needed particulars in ATTORNEY OR PARTY WITHOUT ATTORNEY, FOR COURT USE ONLY, ATTORNEY FOR Name, SOUTH VICTORIA AVE VENTURA CA, LIMITED CIVIL, SUPERIOR COURT OF CALIFORNIA, F ALAMO ST SIMI VALLEY CA, PLAINTIFFPETITIONER, DEFENDANTRESPONDENT, NOTICE OF MOTION AND MOTION FOR, SETTING ASIDE DEFAULT VACATING, CASE NUMBER, HEARING DATE, and TIME allowing you to move on to the next stage.

SIMI completion process described (part 2)

Concerning LIMITED CIVIL and CASE NUMBER, be sure you get them right here. Those two are definitely the most important ones in this form.

3. This next part is about SETTING ASIDE DEFAULT VACATING, COURTROOM, COMPLAINT DATE, MOTION FOR ORDER SETTING ASIDE, Defendant does hereby move the, Code of Civil Procedure for an, setting aside the default entered, vacating default judgment entered, Defendant further moves for an, file an Answer a true and correct, appear at a trial on the merits, This motion is brought because, default, default judgment waswere taken, and Defendant was mistaken as to some - fill in each one of these blanks.

SIMI conclusion process outlined (part 3)

4. To go onward, this step requires completing several blank fields. These include Through inadvertence andor, Defendant was prevented from, negligence on his her part and, Other, Defendant possesses a meritorious, Optional Form VN Rev, NOTICE OF MOTION AND MOTION FOR, and Page of, which are crucial to carrying on with this particular process.

Filling out segment 4 in SIMI

5. Last of all, this last part is what you will have to finish before using the PDF. The fields at issue are the next: Short Title, Case Number, MOTION FOR ORDER STAYING EXECUTION, Defendant respectfully applies, Defendant would suffer hardship if, The judgment may be set aside or, The judgment may be set aside or, The judgment may be set aside or, verdict, The judgment may be set aside or, of the tenancy under Section of, The motion filed above is filed, DECLARATION, I am the defendant in this action, and default.

Completing segment 5 of SIMI

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