Sample Motion to Vacate Stipulation in California

Sample Motion to Vacate Stipulation in California. This sample motion to vacate a stipulation or settlement in California is filed under the provisions of Code of Civil Procedure section 473 on the grounds that the stipulation or settlement should be set aside due to inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed since the date of the stipulation or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist that would make it unjust to enforce the stipulation. The sample has been revised and updated in 2019, is 10 pages and includes, Brief instructions, 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 retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over