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Order

This document is a proposed order for the Superior Court of California regarding a motion by the defendant to set aside and vacate a default judgment. The court has considered the evidence and found that the default judgment was taken against the defendant due to mistake or excusable neglect. The order allows the defendant to file an answer or other responsive pleading.

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matthewstrevor752
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18 views2 pages

Order

This document is a proposed order for the Superior Court of California regarding a motion by the defendant to set aside and vacate a default judgment. The court has considered the evidence and found that the default judgment was taken against the defendant due to mistake or excusable neglect. The order allows the defendant to file an answer or other responsive pleading.

Uploaded by

matthewstrevor752
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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YOUR NAME

1 Street Address
City, State, Zip
2 Phone Number (with area code)
Fax Number: if available
3 Email: if available

4
YOUR NAME, IN PRO PER
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF SAN DIEGO
9

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THE STATE OF CALIFORNIA ) Case No.:
11 )
Plaintiff(s), ) PROPOSED ORDER
12 )
vs. )
13 ) DATE: (date of hearing)
NAME OF DEFENDANT(S), ) TIME: (time of hearing)
14 ) DEPT: (department number)
)
15 ) Judge: (name of hearing judge)
Defendant(s). ) Dept: (department number)
16 ) Action Filed: (date)
) Trial Date: (Date or Unassigned)
17 )
)
18 )
19

20 The motion of Defendant [your name], for an order setting aside and vacating the default judgment

21 [and writ of possession, if applicable] came on regularly for hearing by the court on [date].

22 Defendant appeared in pro per, Plaintiff appeared by counsel [or in pro per, list their name].

23

24 The court, having considered the evidence presented at the hearing, the declarations submitted in

25 support and in opposition to the motion, and being fully advised in the premises, finds that the

26 default judgment [and writ of possession, if applicable] was/were taken against Defendant through

27 [mistake or inadvertence or surprise or excusable neglect, or all or any combination of these –

28 tailor this].
1
ORDER
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2 IT IS HEREBY ORDERED that the default judgment [and writ of possession, if applicable]

3 heretofore entered in this action against Defendant be set aside and vacated.

4 IT IS FURTHER ORDERED that Defendant be permitted to file the Answer or other responsive

5 pleading.

7
DATED:______________________
8
Signature
9 Judge of Superior Court
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2
ORDER

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