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, ) NOTICE OF INTENTION TO MOVE TO SET
) ASIDE AND VACATE AND ENTER ANOTHER
13 vs. ) AND DIFFERENT JUDGMENT
)
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. )
)
16 )
)
17

18
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TO _______________________ AND THEIR ATTORNEYS OF RECORD:
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 1 NOTICE IS HEREBY GIVEN that, on INSERT DATE OF HEARING at INSERT TIME
2 OF HEARING or as soon thereafter as the matter may be heard, in Dept/Division INSERT
3
DEPARTMENT OR DIVISION of the above entitled court located at INSERT FULL STREET
4
ADDRESS OF COURT, INSERT YOUR NAME AND YOUR PARTY CAPACITY SUCH AS
5

6
PLAINTIFF OR DEFENDANT will move pursuant to Code of Civil Procedure 663 for an order:

7 1. To set aside and vacate the judgment entered on LIST DATE JUDGMENT

8 ENTERED;
9
USE EITHER PARAGRAPH 2 BELOW AS NEEDED IN YOUR CASE
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2. To amend and correct the statement of decision filed in this action on LIST DATE
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STATEMENT OF DECISION WAS FILED; and
12

13 OR

14 2. To correct the judgment or decree of the court that is not consistent with the special
15
verdict, rendered by the jury on LIST DATE SPECIAL VERDICT RENDERED; and
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3. To enter another and different judgment.
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IF YOUR GROUNDS ARE AN INCORRECT OR ERRONEOUS LEGAL BASIS FOR THE
18

19 DECISION USE THE FIRST WORDING SHOWN BELOW.

20 The motion will be made on the ground that the legal basis for the decision filed by the court
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is incorrect and/or erroneous in that it is not consistent with and/or supported by the facts. These
22
errors have materially affected the substantial rights of LIST YOUR NAME AND PARTY
23
CAPACITY entitling him/her to a different judgment in that STATE FACTS SHOWING HOW
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25 YOU WERE DEPRIVED OF A FAIR TRIAL.

26 The following legal bases for the decision, for the reasons specified, are incorrect and/or
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erroneous and not consistent with and/or supported by the facts:
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 1 1. LIST HERE THE ERRONEOUS OR INCORRECT LEGAL BASES AND
2 IDENTIFY THEM BY PARAGRAPH, PAGE AND LINE NUMBER IN THE STATEMENT
3
OF DECISION AND SPECIFY THE REASONS WHY THEY ARE ERRONEOUS OR
4
INCORRECT.
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The statement of decision should be amended and corrected as follows:

7 USE WHICHEVER ONE OF THE TWO PARAGRAPHS BELOW APPLIES TO YOUR

8 SITUATION.
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1. LIST HERE THE CHANGES YOU DESIRE IN THE STATEMENT OF
10
DECISION.
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OR, IF YOU CONTEND THAT THE JUDGMENT OR DECREE IS NEITHER
12

13 CONSISTENT WITH NOR SUPPORTED BY THE SPECIAL VERDICT.

14 The motion will be made on the ground that the STATE JUDGMENT OR DECREE AS
15
APPROPRIATE IN YOUR CASE is not consistent with or supported by the special verdict of the
16
jury. This error materially affected the substantial rights of LIST YOUR NAME AND PARTY
17
CAPACITY entitling him/her to a different judgment in that STATE THE FACTS SHOWING
18

19 HOW YOU WERE DEPRIVED OF A FAIR TRIAL.

20
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