1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION TO VACATE
vs. ) JUDGMENT FOR EXTRINSIC FRAUD OR
13 ) MISTAKE; MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF _________;
14 Any Defendants, and DOES 1-5, inclusive, ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
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)
18 )
)
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE

 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 NAME AND PARTY CAPACITY herein submits their opposition to the motion to vacate
5
judgment on the grounds of extrinsic fraud or mistake NAME AND PARTY CAPACITY on the
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grounds that (1) the moving party has not met their burden of showing extrinsic fraud or mistake, (2)
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the moving party has not met their burden of showing a meritorious defense, (3) the moving party has

9 not shown a satisfactory excuse for failing to timely answer the complaint; and (4) the moving party

10 has not shown reasonable diligence in seeking to set aside the default judgment once it was
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discovered.
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The opposition shall be based on this opposition, the attached memorandum of points and
13
authorities, the declaration of ___________and exhibits attached thereto, on the complete files and
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15 records of this action, and on such other oral and/or documentary evidence as may be presented at the

16 hearing on the Motion.

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Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY
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21 Be sure to modify these paragraphs to suit your individual

22
situation. Do NOT just use the wording here unless it definitely applies
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24
to your particular situation. Remember that YOUR OPPOSITION
25

26 MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS

27
BEFORE THE HEARING. Court days means Monday through
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE

 1 Friday, except for Court holidays. You should serve your opposition by
2

3
personal delivery or overnight mail. See Code of Civil Procedure
4
section 1005 for more details.
5

6 To purchase the entire 13 page document visit:

7
https://legaldocspro.myshopify.com/products/sample-opposition-to-
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9 motion-to-vacate-judgment-for-extrinsic-fraud-or-mistake-in-california
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OPPOSITION TO MOTION TO VACATE JUDGMENT-EXTRINSIC FRAUD OR MISTAKE