Sample Ex-Parte Application to Vacate Judgment for California

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This sample exparte application to vacate judgment for California is for use by a defendant in an unlawful detainer (eviction) lawsuit who wants the Court to vacate the default and judgment based on their mistake and surprise. The motion is made pursuant to Section 473 of the Code of Civil Procedure. The sample has been revised and updated as of January 2017, is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, a declaration regarding exparte notice, and a proposed order.

The author is a freelance paralegal that has worked in California and Federal litigation since 1995, including unlawful detainers and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.