Sample Motion To Vacate Dismissal in California
Uploaded by
Stan BurmanSample Motion To Vacate Dismissal in California
Uploaded by
Stan Burman1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF _______________
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11 SAMPLE PLAINTIFF, ) CASE NO.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE ORDER OF DISMISSAL;
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v. ) MEMORANDUM OF POINTS AND
14 ) AUTHORITIES, DECLARATIONS OF
SAMPLE DEFENDANTS, ) ____________________; EXHIBITS
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Defendants. ) DATE:
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) TIME:
17 ) DEPT:
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18 ____________________________________)
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NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL
1 TO ___________________________________ AND THEIR ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
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that as the matter can be heard, in Dept. _______of the above-entitled Court located at
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6 ____________________________________________, plaintiff __________will and hereby does
7 move this court for an order vacating the order of dismissal that was entered in this case on
8 ________, under the provisions of Code of Civil Procedure 473 on the grounds of mistake and
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inadvertance, in that the failure of counsel for plaintiff, _________, to make an appearance at the
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hearing was due to their having to attend a _________________________________in the
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_________ County Superior Court, ________________Courthouse, and their secretary had had
13 contacted ____________ on ____, to arrange for one of their attorneys to make a special appearance
14 and was under the impression that they would take care of the appearance. However when they spoke
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with an employee there at ___.M. on _____________, they were told that they had not yet located an
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attorney to make the special appearance and that it was unlikely they would be able to do so.
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__________ then immediately called Dept. ____ before ____.M. and informed the Clerk that
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19 _________ could not appear due to a conflict, and that they were unable to find another attorney to
20 make a special appearance. The Clerk informed _________that they would inform the Court of the
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situation. However, on, _________the Court dismissed the case without prejudice for failure to
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appear.
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This motion is based on this notice of motion and motion, the attached memorandum of points
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25 and authorities, the declarations of _________ and __________ and exhibits attached thereto, the
26 pleadings and papers on file herein, and upon such other matters as may be presented to the court at
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the time of the hearing.
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NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL
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Dated________________ _______________________________________________
2 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed suit against defendants on _______ alleging causes of action for _________ and
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______________________. A default was entered against _________________ on __________. An
7 order to show cause re: dismissal was scheduled for ___________. Because no appearance was made
8 at the hearing on _____the Court ordered the case dismissed without prejudice. See the Complaint of
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plaintiff and other documents filed with the court, and the courts minute orders.
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Plaintiff contends that the failure to attend the hearing on ___________, was due to the fact
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that counsel for plaintiff had to attend a _________________________________in the _________
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13 County Superior Court, ________________Courthouse. See the declaration of _________________,
14 and exhibits attached thereto, attached hereto and incorporated herein by reference.
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_________ the secretary for _______had contacted ____________ on ____, to arrange for
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one of their attorneys to make a special appearance and was under the impression that they would
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take care of the appearance.
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NOTICE OF MOTION AND MOTION TO VACATE ORDER OF DISMISSAL
