__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for __[e.g., Defendant]__, __[name]___ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )NOTICE OF MOTION TO SET ASIDE )__[DEFAULT __[AND DEFAULT _ _ _ _ _ _ _ _ _ _ _ _ _ ) JUDGMENT]__/DEFAULT JUDGMENT]__; Defendant(s))__[POINTS AND AUTHORITIES;]__ _________________________ ) __[DECLARATION(S);]__ __[PROPOSED ORDER]__ Hearing: __[date; time]__ Department: _ _ _ _ _ _ __[Estimated length:_ _]__ Trial Date: __[if set]__ PLEASE TAKE NOTICE that __[e.g., defendant]__, __[name]__, moves the Court under Code of Civil Procedure section __[473/473.5]__ for an order vacating and setting aside the __[default __[and default judgment]__/default judgment]__ entered in this action on __[date(s)]__, and for leave to file the attached proposed __[pleading, e.g., answer, demurrer]__. The grounds for issuance of this order are that defendant's failure to respond to the complaint within the time allowed is due to the __[mistake, inadvertence, surprise, or excusable neglect of __[defendant/defendant's attorney]__/mistake, inadvertence, surprise, or neglect of defendant's attorney]__, as is more fully set forth in the declaration(s) filed in support of this motion. The Court is located at __[address]__. This motion is based on this notice, the attached documents and exhibits including __[specify by title (or nature) and date, e.g., the Declaration of __[name]__, dated _ _ _ _]__, the proposed __[answer/demurrer]__ filed with the motion, __[and]__ on all papers filed and records in this action __[, and on any evidence received at the hearing]__. Date: _ _ _ _ _ _ [Signature] _________________________ __[Typed name]__ Attorney for _ _ _ _ _ _ _ _ _ _
Return to Table of Contents for
Legal Forms : Set Two