Sample motion to vacate judgment under Civil Code section 1788.61 in California

Sample motion to vacate judgment under Civil Code section 1788.61 in California. This sample motion to vacate a judgment under Civil Code section 1788.61 in California is filed on the grounds that the Plaintiff is a debt buyer and that the Default and Default Judgment were taken as a result of (1) Defendant's lack of actual notice in time to defend the action which was not caused by avoidance of service or inexcusable neglect, (2) Defendant was the victim of identity theft as shown by the Federal Trade Commission Identity Theft Victim’s Complaint and Affidavit or a copy of a police report, or (3) the judgment was entered as a result of mistaken identity in that Defendant was mistaken for another person that shares their name. The sample is 15 pages and includes, Brief instructions, Memorandum of points and authorities with citations to case law and statutory authority, Sample declaration, and Proof of service. The author is an entrepreneur and retired litigation paralegal that work