This document is an opposition to a motion to vacate a default judgment. It argues that the motion to vacate should be denied for the following reasons: (1) the motion is untimely as it was filed more than 6 months after the default judgment was entered, exceeding the statutory limit; (2) the required affidavit of fault from the attorney is not included; and (3) the attorney is attempting to cover up for the client's fault. The opposition requests that the court deny the motion to vacate based on the arguments in this document, an accompanying memorandum of points and authorities, and a supporting declaration.

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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.
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Case No.
OPPOSITION TO MOTION TO VACATE
DEFAULT JUDGMENT; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION
OF __________
DATE:
TIME:
DEPT:
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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Plaintiff, _____________________________________ herein submits its Opposition to
Defendants ________________________ Motion to Vacate the Default and Judgment entered
against them on the grounds that LIST HERE THE REASONS WHY YOU OPPOSE THE
MOTION SUCH AS THE MOTION IS UNTIMELY, NO REQUIRED AFFIDAVIT OF
FAULT IS INCLUDED, ATTORNEY IS COVERING UP FOR THE CLIENT, and therefore
the Motion should be denied.
The Opposition shall be based on this Opposition, the attached Memorandum of Points and
Authorities, the declaration of __________, on the complete files and records of this action, and on
such other oral and/or documentary evidence as may be presented at the hearing on the Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that YOUR OPPOSITION
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
DAYS BEFORE THE HEARING. Court days means Monday through
Friday, except for Court holidays. You should serve your opposition by
personal delivery or overnight mail. See Code of Civil Procedure
Section 1005 for more details.

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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises out of: Add information here to inform the Court of the circumstances of
the particular case, such as relationship between parties, etc.
Plaintiffs complaint alleges that: Add information here from the actual complaint such as
brief description of causes of action, facts alleged, etc.
Defendants were served on _________, a default was entered on ________, and the default
judgment was entered on ______________.
Defendants have filed a motion to vacate the default and judgment under the provisions of
Section 473(b) of the Code of Civil Procedure under the mandatory “attorney affidavit of fault”
provisions.
Plaintiff contends that the motion should be denied on the following grounds: LIST HERE
THE REASONS WHY YOU OPPOSE THE MOTION SUCH AS THE MOTION IS
UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS INCLUDED, ATTORNEY IS
COVERING UP FOR THE CLIENT. CITE TO ANY ATTACHED DECLARATIONS OR
EXHIBITS THAT SUPPORT YOUR CONTENTIONS.
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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
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II.
ARGUMENT
A. ANY MOTION FOR RELIF UNDER SECTION 473(b) UNDER THE ATTORNEY
AFFIDAVIT OF FAULT PROVISIONS MUST BE MADE WITHIN SIX MONTHS
FROM THE DATE THAT THE JUDGMENT WAS ENTERED
Code of Civil Procedure § 473(b) states in pertinent part that, “Whenever an application for
relief is made no more than six months after entry of judgment, is in proper form, and is accompanied
by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, (the
court shall vacate any (1) resulting default entered by the clerk or (2) resulting default judgment or
dismissal entered against his or her client”.
However Code of Civil Procedure § 473(b) also states in pertinent part that the court may
deny relief if it finds the default or dismissal “was not in fact caused by the attorney's mistake,
inadvertence, surprise or neglect”.
Judgment in this case was entered against Defendants on LIST DATE THE JUDGMENT
WAS ENTERED. Their motion to vacate was filed on LIST DATE MOTION WAS FILED and
served on Plaintiff on LIST DATE MOTION WAS SERVED ON YOU. Therefore a total of
LIST NUMBER OF DAYS have accrued between the date of entry of judgment and the date of
filing and service of the motion to vacate. Because the motion to vacate was neither filed nor served
within the six month period specified by law the motion must be denied.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/214151704/Sample-Opposition-to-
Motion-to-Vacate-in-California-Attorney-Affidavit-of-Fault