Sample motion to vacate default judgment for extrinsic fraud or mistake in California.

Sample Motion to Vacate Default Judgment for Extrinsic Fraud or Mistake in California

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Sample Motion to Vacate Default Judgment for Extrinsic Fraud or Mistake in California.

This sample motion to vacate a a default judgment for extrinsic fraud or mistake in California on the grounds of extrinsic fraud or mistake is made under the inherent equity power of the Court to grant equitable relief from a judgment.

The sample motion is 12 pages, has been revised and updated in 2018 and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law,
  • Sample declaration, and
  • Proof of service by mail.


The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.