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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containing over 30 sample documents including this sample motion to
25

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 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 TO _______________________ AND THEIR ATTORNEYS OF RECORD:
5
NOTICE IS HEREBY GIVEN that, on INSERT DATE OF HEARING at INSERT TIME
6

7
OF HEARING or as soon thereafter as the matter may be heard, in Dept/Division INSERT

8 DEPARTMENT OR DIVISION of the above entitled court located at INSERT FULL STREET

9 ADDRESS OF COURT, INSERT YOUR NAME AND YOUR PARTY CAPACITY SUCH AS
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PLAINTIFF OR DEFENDANT will move pursuant to Code of Civil Procedure 663 for an order:
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1. To set aside and vacate the judgment entered on LIST DATE JUDGMENT
12
ENTERED;
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14 USE EITHER PARAGRAPH 2 BELOW AS NEEDED IN YOUR CASE

15 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
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OR
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2. To correct the judgment or decree of the court that is not consistent with the special
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20 verdict, rendered by the jury on LIST DATE SPECIAL VERDICT RENDERED; and

21 3. To enter another and different judgment.

22
IF YOUR GROUNDS ARE AN INCORRECT OR ERRONEOUS LEGAL BASIS FOR THE
23
DECISION USE THE FIRST WORDING SHOWN BELOW.
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The motion will be made on the ground that the legal basis for the decision filed by the court
25

26 is incorrect and/or erroneous in that it is not consistent with and/or supported by the facts. These

27 errors have materially affected the substantial rights of LIST YOUR NAME AND PARTY
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 1 CAPACITY entitling him/her to a different judgment in that STATE FACTS SHOWING HOW
2 YOU WERE DEPRIVED OF A FAIR TRIAL.
3
The following legal bases for the decision, for the reasons specified, are incorrect and/or
4
erroneous and not consistent with and/or supported by the facts:
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1. LIST HERE THE ERRONEOUS OR INCORRECT LEGAL BASES AND

7 IDENTIFY THEM BY PARAGRAPH, PAGE AND LINE NUMBER IN THE STATEMENT

8 OF DECISION AND SPECIFY THE REASONS WHY THEY ARE ERRONEOUS OR

9
INCORRECT.
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The statement of decision should be amended and corrected as follows:
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USE WHICHEVER ONE OF THE TWO PARAGRAPHS BELOW APPLIES TO YOUR
12

13 SITUATION.

14 1. LIST HERE THE CHANGES YOU DESIRE IN THE STATEMENT OF

15
DECISION.
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OR, IF YOU CONTEND THAT THE JUDGMENT OR DECREE IS NEITHER
17
CONSISTENT WITH NOR SUPPORTED BY THE SPECIAL VERDICT.
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19 The motion will be made on the ground that the STATE JUDGMENT OR DECREE AS

20 APPROPRIATE IN YOUR CASE is not consistent with or supported by the special verdict of the
21
jury. This error materially affected the substantial rights of LIST YOUR NAME AND PARTY
22
CAPACITY entitling him/her to a different judgment in that STATE THE FACTS SHOWING
23
HOW YOU WERE DEPRIVED OF A FAIR TRIAL.
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25 The STATE JUDGMENT OR DECREE AS APPROPRIATE IN YOUR CASE is not

26 consistent with or supported by the special verdict of the jury that stated the following:
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INCORPORATE VERMATIM A COPY OF THE JURYS SPECIAL VERDICT. STATE
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 1 JUDGMENT OR DECREE AS APPROPRIATE IN YOUR CASE is not consistent with or
2 supported by the special verdict of the jury because:
3
1. STATE THE REASONS WHY THE JUDGMENT OR DECREE IS NEITHER
4
CONSISTENT NOR SUPPORTED BY THE SPECIAL VERDICT.
5

6
The following LIST JUDGMENT OR DECREE HERE AS APPROPRIATE should be

7 entered:

8 1. STATE THE DETAILS OF YOUR DESIRED JUDGMENT OR DECREE.

9
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13 to-vacate-judgment-and-enter-different-judgment-in-
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