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Sample motion to vacate judgment and quash service for California.

Sample Motion to Vacate Judgment and Quash Service for California

$25.99 Sale

Sample Motion to Vacate Judgment and Quash Service for California.

This sample motion to vacate judgment and quash service for California can be used to vacate a judgment under either,

  • Code of Civil Procedure section 473(b) on the grounds of mistake, inadvertance, surprise or excusable neglect, or
  • Code of Civil Procedure section 473.5 on the grounds of lack of actual notice of the lawsuit in time to file a timely answer. 
This sample motion is made Code of Civil Procedure section 418.10(d) on the grounds that California law allows a motion to vacate to be joined with a motion to quash all in a special appearance.


The sample motion is 21 pages and has been completely revised and updated and expanded in November 2018 and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority for both Code of Civil Procedure section 473(b) and 473.5,
  • 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.