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 _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION TO VACATE
) DEFAULT JUDGMENT; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
) __________
14 Any Defendants, and DOES 1-5, inclusive, )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17 )
)
18

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- 1 -
OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
 1 Plaintiff, _____________________________________ herein submits its Opposition to
2 Defendants ________________________ Motion to Vacate the Default and Judgment entered against
3
them on the grounds that LIST HERE THE REASONS WHY YOU OPPOSE THE MOTION
4
SUCH AS THE MOTION IS UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS
5

6
INCLUDED, ATTORNEY IS COVERING UP FOR THE CLIENT, and therefore the Motion

7 should be denied.

8 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
9
Authorities, the declaration of __________, on the complete files and records of this action, and on
10
such other oral and/or documentary evidence as may be presented at the hearing on the Motion.
11

12

13 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
14

15
Be sure to modify these paragraphs to suit your individual
16

17 situation. Do NOT just use the wording here unless it definitely applies
18
to your particular situation. Remember that YOUR OPPOSITION
19

20
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT DAYS
21

22 BEFORE THE HEARING. Court days means Monday through

23
Friday, except for Court holidays. You should serve your opposition by
24

25 personal delivery or overnight mail. See Code of Civil Procedure

26
Section 1005 for more details.
27

28

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OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of: Add information here to inform the Court of the circumstances of
5

6
the particular case, such as relationship between parties, etc.

7 Plaintiffs complaint alleges that: Add information here from the actual complaint such as

8 brief description of causes of action, facts alleged, etc.

9
Defendants were served on _________, a default was entered on ________, and the default
10
judgment was entered on ______________.
11
Defendants have filed a motion to vacate the default and judgment under the provisions of
12

13 Section 473(b) of the Code of Civil Procedure under the mandatory attorney affidavit of fault

14 provisions.
15
Plaintiff contends that the motion should be denied on the following grounds: LIST HERE
16
THE REASONS WHY YOU OPPOSE THE MOTION SUCH AS THE MOTION IS
17
UNTIMELY, NO REQUIRED AFFIDAVIT OF FAULT IS INCLUDED, ATTORNEY IS
18

19 COVERING UP FOR THE CLIENT. CITE TO ANY ATTACHED DECLARATIONS OR

20 EXHIBITS THAT SUPPORT YOUR CONTENTIONS.

21
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25 opposition-to-motion-to-vacate-in-california-with-attorney-
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27 affidavit-of-fault
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- 3 -
OPPOSITION TO MOTION TO VACATE DEFAULT JUDGMENT