Sample opposition to motion to vacate in California with attorney affidavit of fault.

Sample Opposition to Motion to Vacate in California with Attorney Affidavit of Fault

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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 has been revised and updated in 2019, is 13 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service.

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.