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Code of Civil Procedure section 663 motion to set aside and vacate a judgment and enter another and different judgment in California

by Stan Burman

A Code of Civil Procedure section 663 motion to set aside and vacate a judgment and enter another and different judgment in California is the topic of this blog post.  

A Code of Civil Procedure section 663 motion to set aside and vacate a judgment and enter another and different judgment in California must be made within the same time period as a motion for judgment notwithstanding the verdict or a new trial motion. See Code of Civil Procedure section 663a.

Code of Civil Procedure § 663 states that, “A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment:

1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.

2. A judgment or decree not consistent with or not supported by the special verdict.”

A Code of Civil Procedure section 663 motion to set aside and vacate a judgment and enter another and different judgment in California is very useful in situations where it is fairly obvious that a judgment or decree is incorrect or erroneous in some way that materially affects the substantial rights of the moving party.

The California Supreme Court has stated in a published decision from over 40 years ago that a section 663 motion can be made if the court draws an incorrect legal conclusion or renders an erroneous judgment on the facts found by it to exist.

Several California Court of Appeal published decisions have stated that the procedure outlined in section 663 is designed to enable a speedy rectification of a judgment rendered upon erroneous application of the law to facts which have been found by the court or jury or which are otherwise uncontroverted.

The California Supreme Court also stated in a published decision from over 100 years ago that a section 663 motion can also be granted if the court comes to a legal conclusion that is contrary to an express statutory provision

A California Court of Appeal also stated in a published decision from over 60 years ago that a section 663 motion may be granted when the court considers a specific element to be part of a settled legal doctrine when, in fact, it is not.

California law and motion document collection with over 90 sample documents including a sample Code of Civil Procedure section 663 motion in California.

Attorneys or parties in California who would more information on a California law and motion document collection containing over 90 sample documents for law and motion matters in California including a sample motion to set aside and vacate a judgment and enter another and different judgment that contains a memorandum of points and authorities sold by the author can click the link below.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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