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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) NOTICE OF INTENTION TO MOVE TO SET
) ASIDE AND VACATE AND ENTER ANOTHER
13 vs. ) AND DIFFERENT JUDGMENT
)
14 Any Defendant, and DOES 1-5 )
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15 Defendants. )
)
16 )
)
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TO _______________________ AND THEIR ATTORNEYS OF RECORD:
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1 NOTICE IS HEREBY GIVEN that, on INSERT DATE OF HEARING at INSERT TIME
2 OF HEARING or as soon thereafter as the matter may be heard, in Dept/Division INSERT
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DEPARTMENT OR DIVISION of the above entitled court located at INSERT FULL STREET
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ADDRESS OF COURT, INSERT YOUR NAME AND YOUR PARTY CAPACITY SUCH AS
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PLAINTIFF OR DEFENDANT will move pursuant to Code of Civil Procedure 663 for an order:

7 1. To set aside and vacate the judgment entered on LIST DATE JUDGMENT

8 ENTERED;
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USE EITHER PARAGRAPH 2 BELOW AS NEEDED IN YOUR CASE
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2. To amend and correct the statement of decision filed in this action on LIST DATE
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STATEMENT OF DECISION WAS FILED; and
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13 OR

14 2. To correct the judgment or decree of the court that is not consistent with the special
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verdict, rendered by the jury on LIST DATE SPECIAL VERDICT RENDERED; and
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3. To enter another and different judgment.
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IF YOUR GROUNDS ARE AN INCORRECT OR ERRONEOUS LEGAL BASIS FOR THE
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19 DECISION USE THE FIRST WORDING SHOWN BELOW.

20 The motion will be made on the ground that the legal basis for the decision filed by the court
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is incorrect and/or erroneous in that it is not consistent with and/or supported by the facts. These
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errors have materially affected the substantial rights of LIST YOUR NAME AND PARTY
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CAPACITY entitling him/her to a different judgment in that STATE FACTS SHOWING HOW
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25 YOU WERE DEPRIVED OF A FAIR TRIAL.

26 The following legal bases for the decision, for the reasons specified, are incorrect and/or
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erroneous and not consistent with and/or supported by the facts:
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1 1. LIST HERE THE ERRONEOUS OR INCORRECT LEGAL BASES AND
2 IDENTIFY THEM BY PARAGRAPH, PAGE AND LINE NUMBER IN THE STATEMENT
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OF DECISION AND SPECIFY THE REASONS WHY THEY ARE ERRONEOUS OR
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INCORRECT.
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The statement of decision should be amended and corrected as follows:

7 USE WHICHEVER ONE OF THE TWO PARAGRAPHS BELOW APPLIES TO YOUR

8 SITUATION.
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1. LIST HERE THE CHANGES YOU DESIRE IN THE STATEMENT OF
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DECISION.
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OR, IF YOU CONTEND THAT THE JUDGMENT OR DECREE IS NEITHER
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13 CONSISTENT WITH NOR SUPPORTED BY THE SPECIAL VERDICT.

14 The motion will be made on the ground that the STATE JUDGMENT OR DECREE AS
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APPROPRIATE IN YOUR CASE is not consistent with or supported by the special verdict of the
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jury. This error materially affected the substantial rights of LIST YOUR NAME AND PARTY
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CAPACITY entitling him/her to a different judgment in that STATE THE FACTS SHOWING
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19 HOW YOU WERE DEPRIVED OF A FAIR TRIAL.

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