ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and address): TEL. NO.: FOR COURT USE ONLY FAX NO.: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 46-200 Oasis Street Indio CA 92201 Desert LIMITED CIVIL CASE PLAINTIFF'S PETITIONER: DEFENDANT'S RESPONDENT: NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE DEFAULT VACATING DEFAULT JUDGMENT STAY EXECUTION OF JUDGMENT HEARING DATE: TIME: COURTROOM: COMPLAINT DATE: CASE NUMBER: EX PARTE MOTION FOR ORDER SETTING ASIDE DEFAULT/VACATING DEFAULT JUDGEMENT 1. Defendant the Code of Civil Procedure, for an order: setting aside the default entered in this action on vacating default judgment entered in this action on does hereby move the court, pursuant to Section 473 of 2. Defendant further moves for an order permitting defendant to: file an answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits. 3. This motion is brought because default default judgment was/were taken against defendant: Defendant was mistaken as to some material fact or law relating to defendant's duty to respond. Through inadvertence and/or oversight defendant failed to timely respond. Defendant was prevented from responding due to an unexpected condition or situation which arose, without any default or negligence on his/her part, and which ordinary care could not have prevented. Other: 4. Defendant possesses a meritorious defense against the unlawful detainer or other civil action. ICLS 1/05 RK NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT 1 American LegalNet, Inc. www.USCourtForms.com Short Title Case Number EX PARTE MOTION FOR ORDER STAYING EXECUTION 5. Defendant, , respectfully applies under Section 918 of the Code of Civil Procedure, for an order from this court directed to the Sheriff of Riverside County, to plaintiff, and to any other persons acting on behalf of or together with plaintiff, staying execution of the judgment entered in this action on the grounds that: Defendant would suffer hardship if the judgment were to be executed at this time. The judgment may be set aside or modified as requested in defendant's motion to vacate default judgment. The judgment may be set aside or modified in accordance with defendant's motion for a new trial. The judgement may be set aside or modified in accordance with defendant's motion for judgment not withstanding the verdict. The judgement may be set aside or modified in accordance with defendant's motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure. The motion filed above is filed with this application, and is now pending before this Court. DECLARATION 7. 8. I am the defendant in this action. I am asking the court to set aside the I did not because file a response to the summons and complaint default default judgment in this case. 6. appear at the trial in this case I did not receive the summons and complaint until , and by that time it was too late to file a response. I did not understand that I had to respond to the plaintiff's papers in five days. I thought weekends and holidays did not count in computing the time. When I tried to file my response at the court, I was told it was too late. I was unable to come to the court because of the following medical emergency: 9. I have the following defenses to the eviction civil complaint for damages I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Signature of Defendant ICLS 1/05 RK NOTICE OF MOTION AND MOTION FOR ORDER VACATING DEFAULT 2 American LegalNet, Inc. www.USCourtForms.com