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

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This sample motion to vacate a a default judgment 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 has been revised and updated in December 2016 and includes brief instructions, a memorandum of points and authorities with citations to case law, a sample declaration and proof of service by mail.

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