Sample Opposition to Motion to Vacate in California with Attorney Affidavit of Fault
This sample opposition to California motion to vacate a judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) on the grounds that the motion is untimely, does not include the required attorney affidavit of fault, the attorney is covering up for the client and other grounds. The sample is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.