Resolving legal disputes often culminates in a judgment, yet circumstances may arise prompting both parties involved to reconsider the finality of such decisions. In the legal landscape of San Diego County, the SDSC SC-040 form serves as a crucial mechanism for this very purpose. By allowing plaintiffs and defendants to collectively agree to vacate a judgment previously rendered in a case, this form embodies the judicial system's flexibility and accommodation for changing circumstances or mutual agreement between disputing parties. The document is applicable across various divisions within the Superior Court of California, County of San Diego, including Central Division, Kearny Mesa, East County Division in El Cajon and Ramona, North County Division in Vista, and South County Division in Chula Vista. The form lays out a clear process: parties must indicate their agreement to vacate the judgment, confirm the receipt of satisfactory funds by the plaintiff which renders the need for filing a Satisfaction of Judgment unnecessary, and subsequently, the court orders the vacating of the judgment and dismissal of the action with prejudice. This stipulation not only offers a path to resolving disputes beyond the initial judgment but also highlights the importance of consensus and the potential for resolution in the often-complex realm of legal conflicts.
| Question | Answer |
|---|---|
| Form Name | Sdsc Sc 040 Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | stipulation to set aside default california, KEARNY, MELROSE, SDSC |
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO |
FOR COURT USE ONLY |
CENTRAL DIVISION, KEARNY MESA, 8950 CLAIREMONT MESA BLVD., SAN DIEGO, CA 92123
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
EAST COUNTY DIVISION, RAMONA, 1428 MONTECITO RD., RAMONA, CA 92065
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PLAINTIFF(S)
DEFENDANT(S)
CASE NUMBER
STIPULATION TO VACATE JUDGMENT AND ORDER THEREON
The undersigned plaintiff(s) and defendants(s) hereby agree to vacate the judgment entered in this case on |
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The parties understand that plaintiff need not prepare nor file a Satisfaction of Judgment in this matter. |
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Plaintiff confirms receipt of funds sufficient to satisfy the judgment and agrees to the judgment in this matter being vacated and the action dismissed with prejudice.
Date:
Plaintiff’s Signature
Print Plaintiff's Name & Company (if applicable)
Date:
Defendant’s Signature
Print Defendant’s Name & Company (if applicable)
ORDER
IT IS THEREFORE ORDERED that the judgment herein is vacated and this action is dismissed with prejudice.
Date:
Judge/Commissioner/Referee of the Superior Court
SDSC |
STIPULATION TO VACATE JUDGMENT AND ORDER THEREON |