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Sample motion to set aside default judgment california

California motion set aside judgment 2026

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The document FL-272 is a legal notice for a motion to set aside a judgment of paternity in California. It outlines the process for requesting the court to declare that a previously established father is not the biological father of certain children, and seeks to set aside any related child support orders. The document includes sections for identifying parties involved, scheduling hearings, and providing necessary declarations and proof of service.

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Click ‘Get Form’ to open the California Motion Set Aside Judgment in the editor.
Begin by entering your name, address, and contact information in the designated fields at the top of the form. This includes your role as either petitioner or respondent.
Fill in the case number and details regarding the court, including its address and branch name. Ensure accuracy to avoid delays.
In section 1, specify the names of all parties involved and indicate who is receiving this notice. This is crucial for proper notification.
Complete section 2 by providing the date, time, and location of the hearing related to your motion. Make sure these details are correct.
In section 5, list all children associated with the paternity judgment along with their birth dates and addresses. This information is essential for your request.
Review sections 6 through 14 carefully, ensuring that all requests for genetic testing and declarations are clearly stated before submitting.

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How do I make a motion to vacate a judgement in California?

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiffs complaint, you could again be defaulted and another default judgment could be entered against you.

What is a motion to set aside judgement in California?

Setting Aside a Judgment Under California Family Code Any action or motion to set aside such a judgment must be based on actual fraud, perjury, duress, mental incapacity, mistake or failure to comply with the disclosure requirements of the California Family Code.

How do I file a motion to vacate a judgement in California?

How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerks Office at the court where your case was heard. Pay the filing fee.

How to file motion to set aside judgement in California?

A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.

What is a notice of motion for judgment?

An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.

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What is a motion to set aside stipulated judgment in California?

How to ask to cancel the judges decision Fill out the Notice. Fill out a Notice of Motion to Vacate Judgment and Declaration (form SC-135) Make copies. Make 2 copies of the Notice. File the Notice and pay the filing fee. Give the original and the 2 copies to the court clerk. Go to your new court date.