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Application Relief From Default Template

This document is an application for relief from default in an appellate court case. It summarizes the reasons for the default and provides declarations explaining the mistake or excusable neglect that led to the default. It requests that the court grant relief from the default and allow the appeal to be heard on the merits.

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johnsimms040
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25 views8 pages

Application Relief From Default Template

This document is an application for relief from default in an appellate court case. It summarizes the reasons for the default and provides declarations explaining the mistake or excusable neglect that led to the default. It requests that the court grant relief from the default and allow the appeal to be heard on the merits.

Uploaded by

johnsimms040
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Your Court of Appeal Case Number

IN THE COURT OF APPEAL OF CALIFORNIA


SECOND APPELLATE DISTRICT
DIVISION p
________________________

[Your name]

Petitioner and Appellant,

vs.

[Opposing party]

Respondent and Respondent


_________________________

APPEAL FROM THE SUPERIOR COURT FOR LOS ANGELES COUNTY


The Hon. , Judge (Case No)
_________________________

APPLICATION FOR RELIEF FROM DEFAULT;


MEMORANDUM OF POINTS & AUTHORITIES;
DECLARATION OF [You and whoever has anything to say that
can help]; EXHIBIT 1; PROPOSED ORDER
_________________________

Your name
Address
Phone Number

& Appellant
Self Represented
Appellant hereby moves to vacate (1) this Court’s
order of [DATE] dismissing [HIS/HER] appeal and (2) the underlying
default. The Court dismissed the appeal on the ground that
.
[SUMMARIZE THE REASON THE DISMISSAL SHOULD BE
VACATED, AND CITE THE DETAILED EXPLANATION IN YOUR
DECLARATION. USE THE FOLLOWING FORM TO CITE THE
DECLARATION: “(See Declaration of [YOU], ¶[whichever paragraph or
paragraphs apply])”.
This motion is based on the Declaration of [YOU] and
the Memorandum of Points and Authorities attached hereto.
Dated:

Respectfully submitted,

By:
Appellant, Self Represented

/conversion/tmp/activity_task_scratch/748542228.docx
MEMORANDUM OF POINTS AND AUTHORITIES

THIS COURT SHOULD GRANT RELIEF FROM THE DEFAULT.


The court may, relieve a party from a judgment, dismissal, order, or
other proceeding taken against him or her through his or her mistake,
inadvertence, surprise, or excusable neglect. (Code Civ. Proc. 473(b).)
Application for this relief must be accompanied by a copy of the answer or
other pleading proposed to be filed to correct the default. (Ibid.)
[EXPLAIN IN DETAIL WHY WHATEVER YOU DID TO CAUSE
THE DEFAULT AMOUNTED TO “MISTAKE, INADVERTENCE,
SURPRISE, OR EXCUSABLE NEGLECT.” IN SUPPORT OF YOUR
EXPLANATION, CITE STATEMENTS IN YOUR DECLARATION,
BECAUSE THEY’RE MADE UNDER PENALTY OF PERJURY, AND
THIS MEMO IS NOT.]
[STATE EITHER (1) THAT A PROPOSED DOCUMENT
CORRECTING THE DEFAULT IS ATTACHED, OR IF YOU CANNOT
ATTACH A PROPOSED DOCUMENT, THEN (2) EXPLAIN WHAT
YOU HAVE DONE OR PLAN TO DO THAT WILL CURE THE
DEFAULT, AND STATE WHEN YOU DID IT, OR WILL DO IT.]
In the interest of justice, this Court should relieve Appellant of the
default, and should permit Appellant to pursue the appeal on the merits.

Dated: Respectfully submitted,

By:____________________

/conversion/tmp/activity_task_scratch/748542228.docx
Appellant, Self Represented

/conversion/tmp/activity_task_scratch/748542228.docx
DECLARATION OF

______________________ declares:

1. I am the appellant in this appeal. I am representing myself and

I have a fee waiver. I have personal knowledge of the following facts and, if

called as a witness, I could and would competently testify thereto. I am self-

represented in the matter

2. [EXPLAIN HOW THE DEFAULT CAME ABOUT. WHEN

YOU HAVE DONE SO, DELETE THESE ALL-CAPS INSTRUCTIONS.]

3. EXPLAIN WHY YOU HAVE A GOOD EXCUSE, AND WHY

YOU SHOULD BE GRANTED RELIEF FROM THE DEFAULT. WHEN

YOU HAVE DONE SO, DELETE THESE ALL-CAPS INSTRUCTIONS.]]

4. A copy of my proposed [IDENTIFY OR DESCRIBE THE

DOCUMENT THAT YOU ARE ATTACHING; WHEN YOU HAVE

DONE SO, DELETE THESE ALL-CAPS INSTRUCTIONS.] is attached

hereto as Exhibit 1.

5. For the foregoing reason, I respectfully request relief from the

default.

I declare under penalty of perjury under the laws of the State of


5

/conversion/tmp/activity_task_scratch/748542228.docx
California that the foregoing is true and correct.

Executed on .______________________________
[YOUR NAME]

/conversion/tmp/activity_task_scratch/748542228.docx
B281398

IN THE COURT OF APPEAL OF CALIFORNIA


SECOND APPELLATE DISTRICT
DIVISION _p___
________________________

[Your name]

Petitioner and Appellant,

vs.

[Opposing party]

Respondent and Respondent

_________________________
_________________ ________
[PROPOSED] ORDER

IT IS HEREBY ORDERED THAT Appellant’s request for relief from

default in [STATE WHAT THE DEFAULT WAS BASED ON.

Within [????] days, Appellant shall [INSERT STEPS THAT NEED

TO BE TAKEN TO CORRECT THE DEFAULT]

Dated: ______________
Presiding Justice

/conversion/tmp/activity_task_scratch/748542228.docx
ADD A PROOF OF SERVICE

/conversion/tmp/activity_task_scratch/748542228.docx

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