Motion For Order Setting Aside Default-Vacating Default Judgment {C-35}

ATTORNEY OR PARTY WITHOUT ATTORNEY TELEPHONE NO. FOR COURT USE ONLY ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: PETITIONER/PLAINTIFF: CASE NUMBER: RESPONDENT/DEFENDANT: NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE DEFAULT VACATING DEFAULT JUDGMENT STAYING EXECUTION OF JUDGMENT EX PARTE HEARING DATE: TIME: DEPARTMENT: MOTION FOR ORDER SETTING ASIDE DEFAULT/VACATING DEFAULT JUDGMENT 1. Defendant ________________________________ does hereby move the Court, pursuant to Section §473 of Code of Civil Procedure, for an Order: setting aside the default entered in this action on ___________________________. vacating default judgment entered in this action on _________________________. 2. Defendant further moves for an Order permitting defendant to: file an Answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits. 3. This motion is brought because default default judgment was/were taken against defendant: Defendant was mistaken as to some material fact or law relating to defendant's duty to respond. Through inadvertence and/or oversight defendant failed to timely respond. Defendant was prevented from responding due to an unexpected condition or situation which arose, without any default or negligence on his/her part, and which ordinary care could not have prevented. Other _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 4. Defendant possesses a meritorious defense against the unlawful detainer or other civil action. 1 Local Form C-35 effective 5/22/08 American LegalNet, Inc. www.FormsWorkFlow.com Short Title of Case Case Number MOTION FOR ORDER STAYING EXECUTION 5. Defendant, ________________________________ respectfully applies under Section §918 of the Code of Civil Procedure, for an order from this Court directed to the Sheriff of El Dorado County, to plaintiff, and to any other persons acting on behalf of or together with plaintiff, staying execution of the judgment entered in this action on the grounds that: Defendant would suffer hardship if the judgment were to be executed at this time. The judgment may be set aside or modified as requested in defendant's motion to vacate default judgment. The judgment may be set aside or modified as requested in defendant's motion to vacate default judgment. The judgment may be set aside or modified in accordance with defendant's motion for a new trial. The judgment may be set aside or modified in accordance with defendant's motion for judgment not withstanding the verdict. The judgment may be set aside or modified in accordance with defendant's motion for relief from forfeiture and restoration of the tenancy under Section §1179 of the Code of Civil Procedure. 6. The motion filed above is filed with this application, and is now pending before this Court. DECLARATION 7. I am the defendant in this action. I am asking the Court to set aside the default in this case. I am asking the Court to set aside the default judgment in this case. 8. I did not because file a response to the summons and complaint appear at the trial in the case I did not receive the summons and complaint until _________________, and by that time it was too late to file a response. I did not understand that I had to respond to the plaintiff's papers in five days. I thought weekends and holidays did not count in computing the time. When I tried to file my response at the court, I was told it was too late. I was unable to come to the court because of the following medical emergency: ______________________________________________________________________ Other: ________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________________ 9. eviction civil complaint for damages I have the following defense to _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 Local Form C-35 effective 5/22/08 American LegalNet, Inc. www.FormsWorkFlow.com _________________________________ Date __________________________________________ Signature of Defendant 3 Local Form C-35 effective 5/22/08 American LegalNet, Inc. www.FormsWorkFlow.com