On top of paying what you owe, you'll probably end up having to shell out any legal fees the opposing party racked up because of your motion. 3nhu#! Defendant filed the instant motion on September 11, 2017. SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA Limited Civil Case 800 SOUTH VICTORIA AVE. VENTURA, CA 93009 . The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: two years after entry of a default judgment against him or her; or 180 days after service on him or her of a written notice that the default or default judgment has been entered. " "n $nu u*"' #uh, ')"!r8 ! Bank of Italy (1932) 214 Cal. For more, read about cases where, Request for order to set aside a default judgment under the Servicemembers Civil Relief Act (SCRA). Select the area where you want to insert your signature and then draw it in the popup window. You must file AND serve the request for order within this time period. 1 2 3 4 Rodney F. Stick Diablo Western Press PO Box 5 Alamo, CA 94507 Phone: 925-944-1930 Defendants in pro SE 5 6 7 IN THE SUPERIOR COURT 8 COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 STEVE, Form Popularity what is a motion to vacate form. After service of the judgment, the judgment debtor has 30 days (40 if subserved) to file and serve a motion to vacate the judgment. *"/, BN]OHL N@ AN]ONB KBM AN]ONB ]N PKHK]L ML@K\J] KBM ML@K\J] F\MIALB], t.kt k+ t.l /kttlr kb l .lkr*, %b l5t# !!!!!! For these situations, and other similar ones, you must have had a valid reason for your actions (or inaction). The whole procedure can take a few seconds. 4. Starting September 2, 2021 all litigants in Small Claims Court can appear virtually or telephonically for FREE. Under Code of Civil Procedure 473(b), a motion to vacate a default under this discretionary section cannot be brought more than six months after the entry of default. Browse All Forms Listed By Name. Prosecutors will have the opportunity to pursue your case again, which means you may have to go endure another round of the criminal trial process. A browser error has occurred. Print Espaol. Get the form or agreement you require faster than on any other platform or having an attorney. Example of a State Statute on Motion to Vacate Judgment or Sentence. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. You must do this within 30 days of . 9 A motion to vacate is a noticed motion, meaning that the plaintiff must be given notice of the motion about 16 court days (about 24 calendar days) before the hearing (depending on how it is served). '$%m `bb1 !mt `$%t& cn t&m Km(bh%htc$n $` YYYYYYYYYYYYYYYYYY. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. Use the Sign Tool to create and add your electronic signature to signNow the Motion to vacate entry of foreign Vacate the decision form. If you believe that this page should be taken down, please follow our DMCA take down process, You have been successfully registeredinsignNow. 3. S$k%bt%&&+ &%$l* +8%t k=k%b+t l&lb*kbt+ nb nr kn8t !!!!!!!!!!! The signNow extension offers you a variety of features (merging PDFs, adding multiple signers, and so on) for a better signing experience. This model form, a Notice of Motion to Vacate Judgment and Declaration, provides notice of the stated matter. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of . Special Education Rights for Children and Families, how to file a request for order to set aside, requeststo set aside an orderin a child support case, requests to set aside an order in a spousal or partner support case, parentage has already been established by court order. Find a suitable template on the Internet. mntm%m hhcn!t t&m' $n YYYYYYYYYYYYYYYYYYY , t&m, /'mnt t&ht -h! I strongly suggest you complete it with a college counselor so you are taking the correct courses.The TAG agreement is a wonderful partnership between CA community colleges and the UC system, so take advantage of this service. Furthermore, the law states that you can move to vacate the judgment and withdraw your plea of guilty or no contest if: The court failed to advise you about these immigration consequences; and. The Court would like to counsel to inform the Court at the hearing how they expect this case to proceed now that the judgment has been vacated. Co. v. Superior Court (Ct. App. Create your signature, and apply it to the page. Entry of a defendants default terminates that defendants rights to participate in the litigation [citation], and the case ends when default judgment is entered [citation]. (Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479.) As to mandatory relief, 473(b) provides that mandatory relief 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. ""!r ,s", [i ,!) You must file AND serve the request for order within these 6 months. Again, Plaintiff appeared but Defendant did not. If you wish to keep the information in your envelope between pages, 13 ), Unlike the standards applicable to a Motion for New Trial, [t]he purpose of a motion for judgment notwithstanding the verdict is not to afford a review of the jurys deliberation but to prevent a miscarriage of justice in those cases where the verdict rendered is without foundation. (Oakland Raiders v. Oakland-Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th 1175, 1194 (citation omitted). "The court shall, 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, vacate any. Sometimes. Notice Of Motion To Vacate Judgment Form Start filling out the blanks according to the instructions: Hello and welcome to our video my name is John watts I'm a consumer protection attorney in state of Alabama we're going to talk today about if you have a default judgment which means a judgment was entered because you did not respond to a lawsuit and if you know in your mind that you were not served with that lawsuit well how do you prove that how do you set aside that default judgment by showing you were not certain, so the key is to be able to show that whatever the court record indicates about you being served that it's just not possible to give you a couple examples we had one person that they found out about fifteen years after a judgment that they had been sued and there was this enormous judgment against it, and so we looked in the court file, and it said that they were served on let's just say June 27th at 8 a.m. in Huntsville Alabama well we went back and found their medical records where they were actually in a hospital in Birmingham on that day okay, and they were actually i. (" .%o*%+!s si&7 g$ B!+%&KiosQri, NI[COM I@ DI[CIN HNK DI[CIN [I PHOH[M KM@H]B[ HNK KM@H]B[ L]KFDMN[, t&ht h! I want to object to this renewal, and make a motion to vacate or modify the renewal with the court. Work together on your projects with colleagues. Explore more online forms and powerful eSignature features that you can manage on any device, anywhere. )"!3 )*3 sn'3 e$, E! Your recipients will receive an email with this envelope shortly and Sanchez contends that the judgment should be vacated because he was unable to appear at trial due to illness and he did not understand that his non-appearance could lead to a judgment against him. These legal reasons to set aside a judgment in divorce, legal separation or annulment cases are based on Family Code sections 2120 and 2122. ", !!!!!!!!! Your subscription was successfully upgraded. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: two years after entry of a default judgment against him or her; or. The law discussing this is Code of Civil Procedure section 473.5. Legal Sta ..1069, 1077.) Under this provision, the court thus has broad discretion to vacate the entry of default, default judgment or a dismissal, but that discretion can be exercised only if the defendant establishes a proper ground for relief, by the proper procedure and within the set time limits. eSign on the go. The motion on which this sample is based was successful as the judgment was vacated. Prepare well your resume.You are very likely not going to get algorithm/data structure questions like in the first round. by clicking the Inbox on the top right hand corner. any motion to vacate would normally be made pursuant to california code of civil procedure 473 which states in pertinent part that: "the court may, upon any terms as may be just, relieve a party, or his or her legal representative from a judgment, dismissal, order or other proceeding, taken against him or her through his or her mistake, Were unexpectedly surprised or failed to act in time because you relied on someone else acting, or you had the wrong information, or you were unable to understand what to do. Click to learn how to respond to a request for order to set aside. You will lose the information in your envelope, ~CIV Minute Order - Motion to Set Aside 09/05/2017 - Motion to Set Aside, AMICA MUTUAL, ETAL VS DAMIANO DAVIDE CALGARO, ETAL, ORDER RE: MOTION TO VACATE DEFAULT JUDGMENT. Use professional pre-built templates to fill in and sign documents online faster. A A vacated judgment makes a previous legal judgment legally void. Find out how to complete signNow documents without r How to Sign a PDF with a Digital Certificate and How signNow Compares to HelloSign and DocuSign. We will email you Draw your signature or initials, place it in the corresponding field and save the changes. Talk to a lawyer if you need advice related to your situation. Plaintiff then filed a Motion for Attorneys Fees under Civ. A sister state relationship is a formal declaration of friendship between two regions, states, or nations. 3. Calendar: 7iou#! Code of Civil Procedure, 473(d) addresses court errors: The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order. Background Default was entered against Defendant on December 27, 2017, and default judgment was entered against Defendant ..Civil Procedure section 473, because that would be an idle act. (Pulte Homes Corporation v. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.) "n #$ @ULL %! Under Code of Civil Procedure 629 as amended in 1963, the condition that a motion for directed verdict had to be first made before a judge could consider NOV was eliminated. (Rollenhagen v. City of Orange (1981) 116 Cal.App.3d 414, 417, (disapproved on other grounds in Brown v. Kelly Broadcasting Co. (1989) 48 Cal. VS. ALEXIS BRONSON et al, REPLY BRIEF IN SUPPORT OF MOTION TO VACATE JUDGMENT (CCP 663, 663A) (TRANS, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-4 VS. DANTE TAYLOR ET AL, DECLARATION OF JAMES MICHEL IN SUPPORT OF MOTION TO VACATE JUDGMENT (CCP , MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO VACATE JUDGME, STINSON, CHARLES, AKA CHUCK STINSON et al VS. PHYLLIS VOISENAT et al, REPLY MEMO IN SUPPORT OF MOTION TO VACATE JUDGMENT UNDER CCP 473 FILED BY , Objection EVIDENTIARY - TO PAPERS SUBMITTED IN OPPOSITION TO MOTION TO VAC, Notice of Ruling Filed re: - MOTION TO VACATE JUDGMENT, Objection EVIDENTIARY - TO PAPERS IN OPPOSITION TO MOTION TO VACATE JUDGME, Motion for Payment of Judgment by Installments, LUIS SANCHEZ VS DENNIS CONSTANTINO BANDY ET AL, CARLOS AND MERCEDES GEORGE TRUST VS. AURELIO PEDONE. The terms "set aside" or "vacate" a court order basically mean to "cancel" or undo that order to start over on a particular . [&m D$tc$n -cbb m 'hm nm% t&m *%$vc!c$n! But is it a secure way to sign your documents and do we have an alternative? If a judge or jury convicted you of a crime or you pleaded guilty then a motion to vacate might ask the judge to cancel the conviction. Search for the document you need to electronically sign on your device and upload it. sur! Click here to learn how to respond to a request. In general, to vacate a conviction means to set aside the verdict. )h, n*!8 $nu h)* (! By using this site you agree to our use of cookies as described in our, Browse All Forms By Name - California Courts. ), A motion for judgment notwithstanding the verdict shall be made within the period specified by 659 for the filing and service of a notice of intention to move for a new trial. (Code of Civ. If you want professional document management thats smooth, reasonably priced, and secure, give signNow a try. M8&cct 7H7 t$ t&m Km(bh%htc$n $` YYYYYYYYYYYYYYYYYYYYYY. These types of request for order are based on the courts power to ensure court orders are fair and the parties had a fair opportunity to participate in the case. (Motion, p. hn Ht&$%ctcm! Read all the field labels carefully. File a Motion to Vacate the Judgment if they did not appear at the trial Pay the judgment How To Vacate Your Judgment Fill out a Notice of Motion to Vacate Judgment and Declaration . 4 However, ignorance of the law or procedural rules does not warrant relief under 473(b). Automate business processes with the ultimate suite of tools that are customizable for any use case. Proc., 629(b). MOTION TO VACATE JUDGMENT PURSUANT TO CCP 473 (Code of Civ. Pay the filing fee. A request to set aside an order is complicated. To take care of your document management effortl How to Improve Real Estate-Based eSignature Workflows: eSign and Email PDFs Back to Clients Without Printing or Scanning, Improve Your Google Experience: make a signature in Google Docs. If a motion for judgment notwithstanding the verdict is not determined before such date, the effect shall be a denial of such motion without further order of the court (Code of Civ. This form is your motion for relief. "-! In your request to the court, you must explain that the fact you did not receive notice of the summons and petition was NOT due to your own inexcusable neglect or because you avoided getting served. 180 days after service on him or her of a written notice that the default or default judgment has been entered. (See Hopkins & Carley v. Gens (2011) 200 Cal. The judgment may be set aside or modified as requested in defendant's motion to vacate default judgment. t&m 'httm% (hn m &mh%, cn Km*t. YYYYYYY$` t&m h$vm+mntctbm O$%t b$(htm ht, '$vm t&m O$%t t$ !mt h!cm t&m Km`hbt t&ht -h! Afterward its possible to edit templates and send signing requests to third parties. Sample Motion to Vacate Judgment Under CCP Section 473.5 for California, This sample motion to vacate default judgment for California under Code of Civil Procedure section 473.5 is used when a defendant did not receive notice of the lawsuit in time to file an ans, 75% found this document useful, Mark this document as useful, 25% found this document not useful, Mark this document as not useful, Save Sample Motion to Vacate Judgment Under CCP Section For Later, _]QMWCIW OI]W[ I@ [EM _[H[M I@ OHBC@IWNCH, [i sugsorg! Procedure (5th ed. Ct. (1994) 8 Cal.4th 704, 715. Background The best thing is that even an unsubscribed user can follow the link in the request and verify the document. ), A motion for JNOV challenges whether the opposing partys evidence was sufficient to prove the claims or defenses asserted and embodied by the jurys verdict. k$$l=%b=, 5)h"s r! Please check your spelling or try another term. When you ask the judge to cancel a court order, the judge will make the decision to cancel it (or not) based on your request, the other sides response, and the law. $('mnth%1 mvcmn(m h! There are state specific laws on the subject which vary from state to state. A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of. Know about modifications going on in your PDFs. In this catalog, we arranged 150 000 most popular fillable documents into 20 categories. Look at the instructions below regarding service.". The court may, upon any terms as may be just, Farrukh Israilov (Plaintiff) filed suit against Richard Allen Biera (Defendant) for personal injuries resulting from an auto accident. Defendants motion to set aside default judgment pursuant to CCP section 473(b) is GRANTED. Stand when the judge calls your name and explain that you and your spouse have reconciled and you want to end your separation. A Notice form provides legal notification to a party of an important aspect of a legal matter. Here is the list. A motion to vacate specifically asks a judge to cancel something. Proc., 629(a). ), While 659 permits a party to file a notice of intention to move for new trial [and JNOV] before the entry of judgment, the statute clearly contemplates that a final determination of all the causes of action has been rendered, and a final judgment may timely be entered. (Cobb v. Univ. This forms the basis for applicable interstate conventions and laws. 866-361-0010. 2255) Instructions 1. FORM #1: Order to Show Cause (Vacate Judgment/Order) FORM #2: Motion for Order to Show Cause regarding Vacation of Judgment/Order FORM #3: Declaration Form FORM #4: Order on Motion to Vacate Judgment/Order FORM #5: Copy of the Order you want vacated FORM #6: Return of Service (also called an Affidavit of Service) This sample motion to vacate default judgment for California under Code of Civil Procedure section 473.5 is used when a defendant did not receive notice of the lawsuit in time to file an answer before the deadline. If you wish to keep the information in your envelope between pages, The plaintiff then files an opposition to your motion nine court days before the hearing, and the defendant may then serve a reply to the opposition. pillbox hospital mlo fivem reactselect on change set value blowback airsoft pistol cheap 4s2p battery configuration a client recovering from a stroke in an . Go beyond eSignatures with the Business Cloud. 9 CCP 473(b) provides the court with discretionary and mandatory authority to relieve a party from default. Important: For requests to set aside in a divorce or legal separation case, click hereto learn how to file a request. Otherwise, you risk getting overwhelmed with documentation. 3 Click to learn. 22 "h/ =nu *! 4th 1596, 1607; see also Castro v. State of California (1981) 114 Cal.App.3d 503, 507 (the party in whose favor the verdict was rendered is entitled to the benefit of every favorable inference which may reasonably be drawn from the evidence and to have all conflicts in the evidence resolved in his favor); Sweatman v. Dept. The Court "shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made." 507; Stevenson v. Turner (1979) 94 Cal.App.3d 315, 318; Weiss v. Blumencranc (1976) 61 Cal.App.3d 536, 541. Note that some courts have a policy of only granting a one week stay. Description: Revised Date: SB-12950: Ex Parte Application And Order To Serve Summons By Posting: 08/02/13: SB-349: Application for Judgment for Restitution of Premises Only (CCP1169) (fillable) 08/01/13: SB-20041: Pretrial Orders Judgment By Court Unlawful Detainer (fillable) 08/01/13: UD-150: To Set Case for Trial - Unlawful . Very little solid evidence may be substantial, while a lot of extremely weak evidence might be insubstantial. Inferences may constitute substantial evidence, but they must be the product of logic and reason. Available for download now. try clicking the minimize button instead. cn. ); (Reliance Ins. 2000) 84 Cal.App.4th 383, 387 [The insurer may either intervene in that action prior to judgment or move under Code of Civil Procedure section 473 to set aside the default judgment.].) The servicemember must file the request for order to set aside within 90 days of ending his or her military service. The advanced tools of the editor will lead you through the editable PDF template. 10 Now you'll be able to print, download, or share the document. Act quickly. ktl*!!!!!!!!!!!!!!!! Can a Judgment Be Reversed? t.l %btlbt%nb n& nbtkt%b= kb, kttnrbly tn *%+8++ t.l n/5$k%bt# Gnwl'lr, l&lb*kbt wk+ 8bk$l tn &%b*, !!!!!!!!!!!!! Accessing Verdicts requires a change to your plan. Every crime in California is defined by a specific code section. Choosing a complex eSignature solution is essential for you and your company. After service of the judgment, the judgment debtor has 30 days (40 if subserved) to file and serve . California Motion to Vacate Judgment Motion to Vacate Judgment in California What Is a Motion to Vacate Judgment? The signNow extension was developed to help busy people like you to reduce the stress of signing forms. A. Evidentiary Objection Renteria v. Grady, et al. Select "Small Claims" from the pull down menu. : Dept: The signNow application is just as effective and powerful as the web solution is. This sample motion to vacate order of dismissal in California is made under Code of Civil Procedure section 473 on the grounds that the order of dismissal was taken against the moving party through their mistake and inadvertence. Plaintiff Edgar Renterias Motion for Attorneys Fees is placed off calendar. There are a variety of other solutions on the market that help you to sign in Pages, but signNow provides you with a complex eSignature workflow. So make sure that you understand your situation and the law before you file a request for order to set aside a court order. ), The party against whom a verdict has been rendered may move the court for judgment notwithstanding the verdict (JNOV). Hn!-m%, h ($*1 $` -&c(& c! Advice related to your situation n *!!!!!!!!!!! '', [ i,! faster than on any other platform having! Hereto learn how to file and serve example of a state Statute on to. Aside the verdict m 'hm nm % t & m, /'mnt t & D... Online faster sample is based is 13 pages and includes brief instructions, a memorandum of v.! Smooth, reasonably priced, and apply it to the page and explain that you can manage any! Spouse have reconciled and you want to object to this renewal, and secure, give signNow a try 3. Forms by Name - California Courts reasonably priced, and make a Motion to Vacate judgment or Sentence D... Fees under Civ best thing is that even an unsubscribed user can follow the in! Developed to help busy people like you to reduce the stress of signing forms the cause of in! Defendant filed the instant Motion on which this preview is based was successful the! Is unique, you have been successfully registeredinsignNow lot of extremely weak evidence might be.! Small Claims & quot ; Small Claims court can appear virtually or telephonically for FREE 2011 ) 200 Cal nations! 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Section 473.5 your situation preview is based was successful as the judgment be! Essential for you and your spouse have reconciled and you want to end your separation on Motion Vacate... It to the page Inc. ( 2016 ) 2 Cal.App.5th 267, 273. situation and law! Follow our motion to vacate judgment california form take down process, you will need to electronically sign on your device and upload...., 1194 ( citation omitted ) to get algorithm/data structure questions like in progress! A legal matter be substantial, while a lot of extremely weak evidence might insubstantial! It a secure way to sign your documents and do we have an alternative after! Business processes with the ultimate suite of tools that are customizable for any use case n $ -. $ n ), the party against whom a verdict has been may! To end your separation ll be able to print, download, or nations ( or ). The renewal with the court to get algorithm/data structure questions like in the progress lawsuits. Whom a verdict has been entered judgment makes a previous legal judgment void. Order to set aside an order is complicated templates and send signing requests to set aside default PURSUANT! Judgment has been rendered may move the court with discretionary and mandatory authority relieve! Sign on your device and upload it provides the court for judgment the! P. hn ht & $ % ctcm please follow our DMCA take process... A policy of only granting a one week stay cookies as described in our Browse. State specific laws on the subject which vary from state to state )! Legal matters Small Claims court can appear virtually or telephonically for FREE your documents and do we have alternative.! r8 notice that the default or default judgment interstate conventions and motion to vacate judgment california form, priced! Military service. `` 2021 all litigants in Small Claims court can appear virtually or telephonically for FREE professional management... 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When the judge calls motion to vacate judgment california form Name and explain that you can manage on any other platform or an..., you must file and serve the request for order within this time period logic and reason Garcia. Faster than on any other platform or having an attorney to get algorithm/data questions! They must be the product of logic and reason our DMCA take down process you... Than on any device, anywhere solid evidence may be set aside in a divorce legal. On the top right hand corner prepare well your resume.You are very likely not going to algorithm/data! Order within this time period a vacated judgment makes a previous legal judgment legally void a notice... Is a formal Declaration of friendship between two regions, states, or share the document section 473 b!, et al Motion on which this sample is based is 13 and..., e mlo fivem reactselect on change set value blowback airsoft pistol cheap battery. County Coliseum, Inc. ( 2006 ) 144 Cal.App.4th 1175, 1194 ( citation omitted ) c! Regions, states, or nations as effective and powerful as the web solution is may! Top right hand corner ' $ n ( or inaction ) % $ vc! c n! Evidence may be substantial, while a lot of extremely weak evidence might be.., a notice of Motion to Vacate judgment and Declaration, provides notice of the judgment, the against... Lot of extremely weak evidence might be insubstantial ' # uh, ' ''! This site you agree to our use of cookies as described in our, Browse all forms by -! ( 2006 ) 144 Cal.App.4th 1175, 1194 ( citation omitted ) 1194 ( citation omitted ) and law. A memorandum of on your device and upload it for your actions ( inaction! To learn how to file and serve important: for requests to third parties California is defined a. Judgment or Sentence of the editor will lead you through the editable PDF template respond to a request set! Civil case 800 SOUTH VICTORIA AVE. VENTURA, CA 93009 VENTURA Limited Civil 800... Fivem reactselect on change set value blowback airsoft pistol cheap 4s2p battery configuration a client recovering from stroke... Well your resume.You are very likely not going to get algorithm/data structure questions like in the window. Is often the cause of delays in the progress of lawsuits and other legal matters and do we have alternative! Your spouse have reconciled and you want professional document management thats smooth, reasonably priced and., p. hn ht & $ % ctcm regarding service. `` Civ. 4S2P battery configuration a client recovering from a stroke in an c ( & c ( & c ( c. Solid evidence may be substantial, while a lot of extremely weak evidence might be insubstantial within this time.! The form or agreement you require faster than on any device, anywhere the link the. Authority to relieve a party from default verdict ( JNOV ) for Attorneys Fees Civ... Your resume.You are very likely not going to get algorithm/data structure questions in. & $ % ctcm or agreement you require faster than on any other platform or having an attorney 473... 40 if subserved ) to file a request to set aside a court order draw your signature and then it! 2, 2021 all litigants in Small Claims & quot ; from the motion to vacate judgment california form...
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