Download California Motion Set Aside Form

When filling out the California Motion Set Aside form, it’s essential to follow certain guidelines to ensure your submission is complete and effective. Here are five things you should and shouldn’t do:

• Do: Provide accurate and complete information in all sections of the form.
• Do: Include a clear explanation of the reasons for your request to set aside the default.
• Do: Attach any necessary supporting documents, such as declarations or evidence that support your case.
• Do: File the motion within the required six-month timeframe after the judgment.
• Do: Keep a copy of the completed form and all related documents for your records.

• Don’t: Leave any sections blank or provide vague information.
• Don’t: Submit the form without checking for errors or typos.
• Don’t: Forget to sign and date the form before submission.
• Don’t: Ignore the court’s specific filing instructions or deadlines.
• Don’t: Assume that the court will understand your situation without a thorough explanation.

Understanding the California Motion Set Aside form can be challenging, and several misconceptions often arise. Here are eight common misunderstandings, clarified for better comprehension.

• It can be filed anytime. Many believe that the motion to set aside a default judgment can be submitted at any time. In reality, it must be filed within six months of the judgment.
• Only attorneys can file this motion. Some think that only licensed attorneys can file a motion to set aside a default judgment. In fact, individuals can represent themselves in court, known as "In Pro Per."
• It guarantees a favorable outcome. There's a misconception that filing this motion automatically leads to the judgment being set aside. However, the court will consider the merits of the case and the reasons for the default before making a decision.
• All defaults can be set aside. Not all defaults are eligible for being set aside. The reasons for the default must fall under specific categories like mistake, inadvertence, or excusable neglect.
• Filing a motion is enough. Some individuals think that simply filing the motion is sufficient. It is crucial to provide a declaration explaining why the default occurred and to include any necessary supporting documents.
• The process is the same for all cases. The procedure may vary depending on the nature of the case and the specifics of the default. Each situation may require different approaches or additional steps.
• It’s a quick process. Many assume that the motion will be resolved quickly. In reality, the court may take time to review the motion, hear arguments, and make a ruling.
• Once set aside, the case is over. Lastly, some believe that once a default judgment is set aside, the case is concluded. In fact, the case may continue, and the parties will have the opportunity to present their arguments in court.

By dispelling these misconceptions, individuals can better navigate the complexities of the California Motion Set Aside form and understand their rights and responsibilities within the legal system.

When filing a California Motion Set Aside form, several other documents may also be required to support your case. Each of these documents plays an important role in the process and helps the court understand your situation better. Below is a list of common forms that are often used alongside the Motion Set Aside.

• Declaration of Defendant: This document provides a personal account from the defendant explaining why they did not respond to the complaint in a timely manner. It must be signed under penalty of perjury.
• Memorandum of Points and Authorities: This is a written argument that outlines the legal reasons for requesting the motion to be granted. It cites relevant laws and cases to support the request.
• Proposed Answer: This document is a draft of the answer the defendant intends to file if the motion is granted. It shows the court the defendant's willingness to address the case on its merits.
• Notice of Motion: This is a formal notice informing the other party and the court about the motion being filed. It includes details such as the date, time, and location of the hearing.
• Proof of Service: This document confirms that all parties involved have been properly notified about the motion. It is essential to demonstrate that the legal process has been followed.
• Request for Hearing: This form requests that the court schedule a hearing for the motion. It ensures that the motion will be addressed in a timely manner.

Understanding these documents can help you navigate the process more effectively. Each one contributes to presenting your case clearly and can significantly impact the outcome of your motion.