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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.


)
12 Plaintiff, ) OPPOSITION TO MOTION TO VACATE
) DEFAULT JUDGMENT; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
) __________
14 Any Defendants, and DOES 1-5, inclusive, )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17 )
)
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
1 Plaintiff, _____________________________________ herein submits its Opposition to
2 Defendants ________________________ Motion to Vacate the Default and Judgment entered against
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them on the grounds that LIST HERE THE REASONS WHY YOU OPPOSE THE MOTION
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SUCH AS THE MOTION IS UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS
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INCLUDED, ATTORNEY IS COVERING UP FOR THE CLIENT, and therefore the Motion

7 should be denied.

8 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, the declaration of __________, on the complete files and records of this action, and on
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such other oral and/or documentary evidence as may be presented at the hearing on the Motion.
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13 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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Be sure to modify these paragraphs to suit your individual
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17 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Remember that YOUR OPPOSITION
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MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
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22 BEFORE THE HEARING. Court days means Monday through


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Friday, except for Court holidays. You should serve your opposition by
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25 personal delivery or overnight mail. See Code of Civil Procedure


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Section 1005 for more details.
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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This case arises out of: Add information here to inform the Court of the circumstances of
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the particular case, such as relationship between parties, etc.

7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as

8 brief description of causes of action, facts alleged, etc.


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Defendants were served on _________, a default was entered on ________, and the default
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judgment was entered on ______________.
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Defendants have filed a motion to vacate the default and judgment under the provisions of
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13 Section 473(b) of the Code of Civil Procedure under the mandatory attorney affidavit of fault

14 provisions.
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Plaintiff contends that the motion should be denied on the following grounds: LIST HERE
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THE REASONS WHY YOU OPPOSE THE MOTION SUCH AS THE MOTION IS
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UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS INCLUDED, ATTORNEY IS
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19 COVERING UP FOR THE CLIENT. CITE TO ANY ATTACHED DECLARATIONS OR

20 EXHIBITS THAT SUPPORT YOUR CONTENTIONS.


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25 opposition-to-motion-to-vacate-in-california-with-attorney-
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27 affidavit-of-fault
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT