Notice Of Motion To Modify Terminate Or Set Aside Civil Harassment {SUPCV-1068}

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Clerk stamps below when form is filed TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 110 1 Second Street, Room 300 Santa Cruz, CA 95060 PLAINTIFF: DEFENDANT: Watsonville, CA 95076 NOTICE OF MOTION AND MOTION FOR ORDER: TO MODIFY ORDER TO TERMINATE ORDER TO SET ASIDE AND GRANT A NEW HEARING Workplace Violence CASE NUMBER: Civil Harassment TO: (Name) ___________________________________________ Notice is given that a hearing on the relief requested in this motion will be held as follow: Date of Hearing: _____________ Time: ______________________ Dept.: ___________________ The current restraining orders stay in effect until the hearing date. The other party must be served per Code of Civil Procedure section 1005(b) 1. I am the Plaintiff (Protected Party) Defendant (Restrained Party): 2. Currently the following type of restraining order was issued by the Santa Cruz Superior Court in this case: Civil Harassment Workplace Violence 3. This current order will expire on: __________, a copy of the order is attached. Santa Cruz Superior Court Adopted for Optional use Rev. 1/1/12 Notice of Motion to Modify, Terminate or Set Aside Civil Harassment or Workplace Violence Page 1 of 2 SUP CV 1068 CCP §527.6, §527.8, WIC §15657.03 American LegalNet, Inc. www.FormsWorkFlow.com 4. I am requesting that the court: Modify the current order Terminate the current order Set Aside and Grant a New Hearing based on the following ground (s): CCP 473: Mistake, inadvertence, surprise or excusable neglect. This set aside request is filed within a reasonable time, and in no event later than 6 months from the date the judgment, dismissal, order or proceeding was taken. CCP 473.5: Lack of Notice: The Service of the summons has not resulted in actual notice in time for me to defend the action. This set aside request is filed within a reasonable time, and no later than the earlier of 180 days after service of written notice, or 2 years after entry of judgment. Other (write in code section): _________________________________________________ Note: With a set aside request you must attach a proposed Response/Answer (this is the same Response/Answer form that would have been originally used in this case). 5. I am making this request based for the following reasons (you must provide a statement with facts supporting your request): See Attached Declaration: 6. I will bring a proposed order with me to court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ________________________ _______________________________ Print your name ___________________________________ Sign your name Santa Cruz Superior Court Adopted for Optional Use Rev. 1/1/12 Notice of Motion to Modify, Terminate, or Set Aside Civil Harassment or Workplace Violence Page 2 of 2 SUP CV 1068 American LegalNet, Inc. www.FormsWorkFlow.com