__[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 _ _ _ _ _ _ _ _ _ _
      


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Legal Forms : Set Two