This sample motion to vacate a sister state judgment in California is filed under the provisions of Code of Civil Procedure section 1710.40 on the grounds that the judgment is void because service was defective or was not made at all. The sample is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of______________
SAMPLE PLAINTIFF, ) CASE NO.
)
Plaintiff, ) NOTICE OF MOTION AND MOTION
) TO VACATE SISTER STATE JUDGMENT;
v. ) MEMORANDUM OF POINTS AND
) AUTHORITIES, DECLARATIONS OF
SAMPLE DEFENDANTS, ) ____________________; EXHIBITS
)
Defendants. )
)
) DATE:
) TIME:
____________________________________) DEPT:
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NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT

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Be sure to remove these notices before using this document.
1 TO ___________________________________ AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE THAT on _____________________, at ________, or as soon after
that as the matter can be heard, in Dept. _______of the above-entitled Court located at
____________________________________________, defendant __________1will and hereby does
move this court for an order vacating the Sister State Judgment that was entered in this case on
________, under the provisions of Code of Civil Procedure § 1710.40 on the grounds of LIST
HERE THE GROUNDS SUCH AS NOTICE OF ENTRY OF JUDGMENT NOT SERVED,
SUMMONS IN SISTER STATE ACTION NOT SERVED, ETC.
This motion is based on this notice of motion and motion, the attached memorandum of points
and authorities, the declarations of _________ and __________ and exhibits attached thereto, the
pleadings and papers on file herein, and upon such other matters as may be presented to the court at
the time of the hearing.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
On __________ plaintiff filed an application for entry of sister state judgment requesting that
the clerk enter a sister state judgment based on a judgment entered on _______ in the County of
_____________, State of ___________ in the amount of $________ against defendant. See the
application on file with the Court.
On ____ the clerk of the Court entered a sister state judgment pursuant to the application of
plaintiff. Plaintiff filed a proof of service of notice of entry of the sister state judgment with the
Court on ____. Said proof of service alleges that defendant was served at LIST ADDRESS
WHERE SERVICE WAS ALLEGEDLY MADE on ____ at ____.M.
Defendant contends that the sister state judgment should be vacated on the grounds that LIST
HERE THE GROUNDS SUCH AS NOTICE OF ENTRY OF JUDGMENT NOT SERVED,
SUMMONS IN SISTER STATE ACTION NOT SERVED, ETC.
You need to state the facts that pertain to your particular
situation. Do NOT just use the wording here unless it definitely applies
to your situation. Be sure to include as much detail as you can as to
why the sister state judgment should be vacated such as you were never
served properly with the notice in California, or you were not served
properly in the other state, etc. Include as much detail as you can and
be sure to cite to your declaration and any attached exhibits.
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NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT

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II.
LEGAL ARGUMENT
A. THE COURT HAS THE POWER TO SET ASIDE THE SISTER STATE JUDGMENT
Code of Civil Procedure Section 1710.40(a) states that, “A judgment entered pursuant to
this chapter may be vacated on any ground which would be a defense to an action in this state on the
sister state judgment, including the ground that the amount of interest accrued on the sister state
judgment and included in the judgment entered pursuant to this chapter is incorrect.”
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/219825318/Sample-Motion-to-Vacate-
Sister-State-Judgment-in-California
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NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT