El Dorado — Notice of Motion and Motion for Order

Source: https://www.eldorado.courts.ca.gov/system/files/notice-motion-and-motion-order.pdf

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 HEARING DATE:

SETTING ASIDE DEFAULT TIME:

VACATING DEFAULT JUDGMENT DEPARTMENT: STAYING EXECUTION OF JUDGMENT EX PARTE

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.

   Notice of Motion and Motion for Order Local Form C-35 Optional Form Effective 5/22/08

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 file a response to the summons and complaint appear at the trial in the case because

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. I have the following defense to eviction civil complaint for damages
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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Date Signature of Defendant PRINT NAME

Notice of Motion and Motion for Order Local Form C-35 Optional Form Effective 5/22/08