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    Sample Motion To Vacate Void Order in California

    Uploaded by

    Stan Burman
    This sample motion to vacate void order in California is filed under the provisions of Code of Civil Procedure section 473(d) and the inherent power of the Court on the grounds that the order is void as the moving party was never served with any notice of motion and had no other notice of a Court hearing. The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Motion To Vacate Void Order in California

    Uploaded by

    Stan Burman
    8K views3 pages
    This sample motion to vacate void order in California is filed under the provisions of Code of Civil Procedure section 473(d) and the inherent power of the Court on the grounds that the order is void as the moving party was never served with any notice of motion and had no other notice of a Court hearing. The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Motion to Vacate Void Order in California

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    This sample motion to vacate void order in California is filed under the provisions of Code of Civil Procedure section 473(d) and the inherent power of the Court on the grounds that the order is void as the moving party was never served with any notice of motion and had no other notice of a Court hearing. The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    8K views3 pages

    Sample Motion To Vacate Void Order in California

    Uploaded by

    Stan Burman
    This sample motion to vacate void order in California is filed under the provisions of Code of Civil Procedure section 473(d) and the inherent power of the Court on the grounds that the order is void as the moving party was never served with any notice of motion and had no other notice of a Court hearing. The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    This document appears to be a template motion to vacate a void court order for lack of notice or due process. It provides the necessary sections and language for bringing such a motion.

    Based on the information provided, it seems a breach of contract lawsuit was filed on or about a certain date, but the specific allegations are not included. The complaint would need to be reviewed for more details.

    The moving party is seeking to vacate an order entered by the court on a specific date, but the document does not provide the details of the order being challenged.

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555
    3
    (909) 555-5555
    4
    Any Attorney or Party
    5

    8 SUPERIOR COURT OF THE STATE OF CALIFORNIA


    9
    FOR THE COUNTY OF _______________
    10

    11 Any Plaintiff, ) CASE NO.


    )
    12
    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:
    )
    18
    )
    19 ____________________________________)

    20

    21 To subscribe to my FREE weekly legal newsletter visit


    22
    http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
    23

    24 address.
    25
    To view details of sample document packages created and sold by
    26

    27 LegalDocsPro visit this website: http://legaldocspro.net


    28

    - 1 -
    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
    7
    ____________________________________________, ,____________________ will move the
    8
    Court to vacate the order that was entered on ____________ on the grounds that said order is void on
    9

    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
    13
    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
    15

    16
    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 __________________,
    19
    and the exhibits attached thereto, attached hereto, and on such other and further oral and/or
    20
    documentary evidence as may be presented at the hearing on this Motion.
    21

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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.
    3
    STATEMENT OF FACTS
    4
    Plaintiffs filed suit against Defendants on or about ___________ alleging: Add some brief
    5

    6
    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:
    10

    11 https://legaldocspro.myshopify.com/products/sample-motion-to-vacate-
    12

    13
    void-order-in-california
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    NOTICE OF MOTION AND MOTION TO VACATE ORDER

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