Fill in Your California Motion Set Aside Template

The California Motion Set Aside form serves as a crucial tool for defendants who find themselves facing a default judgment due to various reasons, such as a mistake, inadvertence, surprise, or excusable neglect. This form allows individuals to request the court to set aside a default judgment, enabling them to present their case on its merits. It is important to note that this motion must be filed within six months of the judgment, ensuring that the process remains timely and fair. The form includes essential components, such as a notice of motion, a memorandum of points and authorities, and a declaration from the defendant. Each section outlines the basis for the motion and provides the court with the necessary context for consideration. By submitting this form, defendants can argue that they should not be penalized for circumstances that prevented them from responding to the complaint in a timely manner. Ultimately, the goal is to uphold the principle that every case deserves a fair hearing, and the law favors resolving doubts in favor of those seeking relief from default.