This sample motion to vacate judgment in California is made on the grounds that severe attorney abandonment and neglect amounted to positive misconduct and the default, dismissal, judgment or other order should be vacated pursuant to Code of Civil Procedure section 286, or in the alternative on the grounds of extrinsic mistake under the inherent equity power of the Court. The sample on which this preview is based is 14 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 by mail.

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ANY ATTORNEY OR PARTY
155 ANY STREET
ANYTOWN, CA 55555
(555) 555-5555
ANY ATTORNEY OR PARTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF _______________
SAMPLE PLAINTIFF, ) CASE NO.
)
Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE DEFAULT AND
v. ) DEFAULT JUDGMENT;
) MEMORANDUM OF POINTS AND
SAMPLE DEFENDANTS, ) AUTHORITIES; DECLARATION
) OF __________________________;
Defendants. ) EXHIBITS
)
) DATE:
) TIME:
____________________________________) DEPT:
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

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Be sure to remove these notices before using this document.
1 TO ___________________________________ AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
____________________________________________, ,____________________ will move the
Court to set aside the default that was entered against them on ___________________ , the Judgment
that was entered against them on ________, and granting them leave to file their proposed answer, a
copy of which is attached as Exhibit "A" to the declaration of ______________________.
The Motion will be made under the provisions of Code of Civil Procedure § 286 and the
inherent equitable power of the Court on the grounds that the default and judgment were obtained
through extrinsic fraud or mistake due to the misconduct and abandonment of the attorney for the
moving party, as more fully set forth in the declaration of ________________________, and the
exhibits attached thereto, attached hereto and incorporated herein by reference.
The Motion shall be based upon this notice, the attached points and authorities in
support thereof, the files and records of this case, and the declaration of __________________,
and the exhibits attached thereto, attached hereto, and on such other and further oral and/or
documentary evidence as may be presented at the hearing on this Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from LIST HERE A BRIEF DESCRIPTION OF THE CASE
INCLUDING PARTIES, CAUSES OF ACTION SUCH AS BREACH OF CONTRACT,
TORT, ETC.
Default was entered against the moving party on ____________ and a default judgment was
entered against them on _________________. Put in the dates for each one, you can get the dates
from the Court clerk.
The moving party contends that they only heard about the default and judgment on LIST
DATE YOU FIRST LEARNED ABOUT THE DEFAULT AND JUDGMENT when LIST
HERE THE CIRCUMSTANCES AS TO HOW YOU FIRST LEARNED ABOUT THE
DEFAULT AND JUDGMENT.
The moving party contends that the default and judgment should be vacated on the grounds of
extrinsic fraud or mistake in that the misconduct and abandonment of their attorney was responsible
for the default and judgment being entered against them in that LIST HERE HOW THE
ATTORNEY COMITTED MISCONDUCT SUCH AS THEIR EXTREME NEGLECT OF
YOUR CASE AMOUNTED TO ABANDONMENT IN THAT THEY FAILED TO TIMELY
SERVE PROCESS, FAILED TO APPEAR AT CASE MANAGEMENT CONFERENCES,
FAILED TO COMMUNICATE WITH YOU REGARDING THE STATUS OF YOUR CASE,
ETC.
When the moving party researched the case on the Court’s website on or about LIST DATE
they discovered that LIST THE SPECIFIC FACTS YOU DISCOVERED SUCH AS YOUR
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

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ATTORNEY FAILED TO APPEAR AT SEVERAL COURT HEARINGS, FAILED TO
COMMUNICATE WITH YOU OR THE OPPOSING PARTY OR THE COURT, ETC.
See the declaration of _______________________ and exhibits attached thereto filed and
served concurrently and incorporated herein by reference.
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT