This sample motion to set aside and vacate judgment and enter another and different judgment for California is made under Code of Civil Procedure section 663 on the grounds that the judgment is based on an incorrect or erroneous legal basis that is not consistent with or not supported by the facts or a judgment or decree is not consistent with or not supported by the special verdict. The sample document on which this preview is based is 15 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.

1. 2
Any Attorney or Party
Any Street
Any Town, CA 55555
3
714-555-5555
4
Any Attorney or Party
1
5
6
7
8
Superior Court of the State of California
9
For the County of _________________
10
11
Any Plaintiff,
12
13
14
15
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
16
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
NOTICE OF INTENTION TO MOVE TO SET
ASIDE AND VACATE AND ENTER ANOTHER
AND DIFFERENT JUDGMENT
17
18
To subscribe to my FREE California weekly legal newsletter visit
19
20
21
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address. Be sure to remove this notice and all other notices before
22
23
24
25
26
using this document.
To view sample document packages for sale by LegalDocsPro visit
http://www.legaldocspro.com/downloads.aspx
27
28
TO _______________________ AND THEIR ATTORNEYS OF RECORD:
- 1 -

2. NOTICE IS HEREBY GIVEN that, on INSERT DATE OF HEARING at INSERT TIME
1
2
3
4
5
6
OF HEARING or as soon thereafter as the matter may be heard, in Dept/Division INSERT
DEPARTMENT OR DIVISION of the above entitled court located at INSERT FULL STREET
ADDRESS OF COURT, INSERT YOUR NAME AND YOUR PARTY CAPACITY SUCH AS
PLAINTIFF OR DEFENDANT will move pursuant to Code of Civil Procedure § 663 for an order:
1.
7
8
9
ENTERED;
USE EITHER PARAGRAPH 2 BELOW AS NEEDED IN YOUR CASE
10
2.
11
12
13
14
15
16
To set aside and vacate the judgment entered on LIST DATE JUDGMENT
To amend and correct the statement of decision filed in this action on LIST DATE
STATEMENT OF DECISION WAS FILED; and
OR
2.
To correct the judgment or decree of the court that is not consistent with the special
verdict, rendered by the jury on LIST DATE SPECIAL VERDICT RENDERED; and
3.
To enter another and different judgment.
17
18
19
20
21
22
IF YOUR GROUNDS ARE AN INCORRECT OR ERRONEOUS LEGAL BASIS FOR THE
DECISION USE THE FIRST WORDING SHOWN BELOW.
The motion will be made on the ground that the legal basis for the decision filed by the court
is incorrect and/or erroneous in that it is not consistent with and/or supported by the facts. These
errors have materially affected the substantial rights of LIST YOUR NAME AND PARTY
23
24
25
26
27
CAPACITY entitling him/her to a different judgment in that STATE FACTS SHOWING HOW
YOU WERE DEPRIVED OF A FAIR TRIAL.
The following legal bases for the decision, for the reasons specified, are incorrect and/or
erroneous and not consistent with and/or supported by the facts:
28
- 2 -

3. 1
2
3
4
5
6
1.
LIST HERE THE ERRONEOUS OR INCORRECT LEGAL BASES AND
IDENTIFY THEM BY PARAGRAPH, PAGE AND LINE NUMBER IN THE STATEMENT
OF DECISION AND SPECIFY THE REASONS WHY THEY ARE ERRONEOUS OR
INCORRECT.
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.
9
10
11
12
13
14
15
16
1.
LIST HERE THE CHANGES YOU DESIRE IN THE STATEMENT OF
DECISION.
OR, IF YOU CONTEND THAT THE JUDGMENT OR DECREE IS NEITHER
CONSISTENT WITH NOR SUPPORTED BY THE SPECIAL VERDICT.
The motion will be made on the ground that the STATE JUDGMENT OR DECREE AS
APPROPRIATE IN YOUR CASE is not consistent with or supported by the special verdict of the
jury. This error materially affected the substantial rights of LIST YOUR NAME AND PARTY
17
18
19
20
CAPACITY entitling him/her to a different judgment in that STATE THE FACTS SHOWING
HOW YOU WERE DEPRIVED OF A FAIR TRIAL.
To view the sample document on which this preview is based visit:
21
22
23
http://www.scribd.com/doc/184656865/Sample-California-Motion-toSet-Aside-and-Vacate-Judgment-and-Enter-Another-and-Different-
24
25
Judgment
26
27
28
- 3 -