Sample Motion to Vacate Void Judgment in California under Code of Civil Procedure section 473(d)

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This sample motion to vacate a void judgment in California is filed pursuant to Code of Civil Procedure section 473(d) on the grounds that the judgment is void due to lack of jurisdiction in that defendant was never properly served. The sample motion is 11 pages and has been revised and updated in December 2016 and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.

The author is an entrepreneur and 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.