Sample motion to vacate judgment in California with attorney affidavit of fault

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This sample motion to vacate a default judgment in California is filed under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) and is used by an attorney when their mistake, inadvertance, surprise, or excusable neglect has resulted in a default, judgment or dismissal being entered against their client. This sample is ONLY for use by attorneys as it contains an attorney affidavit of fault. The sample motion has been revised and updated in December 2016, and includes a memorandum of points and authorities with citations to case law and statutory authority, sample declaration of attorney and proof of service by mail.

The author is a freelance paralegal who 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.