1 Any Attorney or Party

Any Street
2 Any Town, CA 55555
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(909) 555-5555
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Any Attorney or Party
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF _______________
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11 Any Plaintiff, ) CASE NO.

)
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Plaintiff, ) NOTICE OF MOTION AND MOTION
13 ) TO VACATE ORDER DATED ____;
v. ) MEMORANUM OF POINTS AND
14 ) AUTHORITIES; DECLARATION OF
) ______________; EXHIBITS
15
Any Defendants, )
16 ) DATE:
Defendants. ) TIME:
17 ) DEPT:
)
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)
19 ____________________________________)

20

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http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
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24 address.
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To view details of sample document packages created and sold by
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NOTICE OF MOTION AND MOTION TO VACATE ORDER
 1 Be sure to remove these notices before using this document.
2
TO ___________________________________ AND THEIR ATTORNEYS OF
3

4 RECORD:

5 PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after

6 that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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____________________________________________, ,____________________ will move the
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Court to vacate the order that was entered on ____________ on the grounds that said order is void on
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10 its face as _____________ was never served with any notice of the motion that was filed, and

11 therefore had no prior notice of the order. This motion will be made under the provisions of Code of
12 Civil Procedure Section 473(d) on the ground that the order is void and under the inherent equitable
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power of the court on the grounds that said order is void for lack of due process as more fully set
14
forth in the declaration of ________________________, and the Exhibits attached thereto, attached
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hereto and incorporated herein by reference.

17 The motion shall be based upon this notice, the attached points and authorities in

18 support thereof, the files and records of this case, and the declaration of __________________,
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and the exhibits attached thereto, attached hereto, and on such other and further oral and/or
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documentary evidence as may be presented at the hearing on this Motion.
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Dated________________ _______________________________________________
23 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION TO VACATE ORDER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief
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facts regarding the lawsuit such as breach of contract, et. See Plaintiffs complaint on file.

7 On or about ________ the Court entered an order that LIST HERE THE SPECIFIC

8 DETAILS OF THE ORDER THAT YOU WANT TO HAVE VACATED.

9
To purchase the entire 10 page document visit:
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11 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
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void-order-in-california
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NOTICE OF MOTION AND MOTION TO VACATE ORDER