1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.

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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE VOID ORDER
)
14 Respondent:____________________________ ) DATE:
) TIME:
) DEPT:
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22 address. Be sure to remove this notice and all other notices before
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE VOID ORDER
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Be sure to remove these notices and all other notices before using
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6 this document.
7 I.
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STATEMENT OF FACTS
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On or about LIST DATE PETITION FILED Petitioner, LIST NAME OF PETITIONER,
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(“Petitioner”) filed a Petition for Dissolution of Marriage. On or about LIST DATE RESPONSE
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12 FILED Respondent, LIST NAME OF RESPONDENT(“Respondent”) filed a Response to the

13 Petition.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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Court.
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18 On or about ________ the Court entered an order that LIST HERE THE SPECIFIC

19 DETAILS OF THE ORDER THAT YOU WANT TO HAVE VACATED.

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Moving party contends that the Court should vacate the order on the grounds that said order is
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void on its face as _____________ was never served with any notice of the motion that was filed, and
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therefore had no prior notice of the order and therefore this Court has both the statutory power under
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24 the provisions of Code of Civil Procedure Section 473(d) and under the inherent equitable power of

25 the court to vacate said order as void for lack of due process as more fully set forth in the declaration
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of ________________________, and the Exhibits attached thereto, attached hereto and incorporated
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herein by reference.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE VOID ORDER
 1 Moving party contends that they first became aware of the order on LIST DATE YOU
2 FIRST BECAME AWARE OF THE ORDER when DESCRIBE CIRCUMSTANCES WHERE
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YOU FIRST BECAME AWARE OF THE ORDER.
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See the Declaration of _______________________ and Exhibits attached thereto filed and
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served concurrently and incorporated herein by reference.

7 You need to state the facts that pertain to your particular situation
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and be sure to state the facts as to exactly when and how you found out
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an order had been entered against you. Do not just use the wording
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12 from this sample for this paragraph.

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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE VOID ORDER