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/PETITIONER: DEFENDANT/RESPONDENT: ORDER GRANTING MOTION TO SETTING ASIDE DEFAULT CASE NUMBER: VACATING DEFAULT JUDGMENT STAYING EXECUTION OF JUDGMENT 1. Defendant's motion in the above-entitled action came on for hearing before the court on Plaintiff: Defendant: Appeared With counsel Appeared With counsel in pro per No appearance in pro per No appearance 2. The court being fully advised of the arguments and having considered the evidence on file in this case, finds that: a. The judgment was entered against the defendant due to: 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 respond timely. 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: b. The court being fully advised of the arguments and having considered the evidence on file in this case, finds that: execution at this time would cause defendant to suffer hardship. the judgment has been set aside or modified in accordance with the defendant's motion to vacate default judgment. the judgment has been set aside or modified in accordance with the defendant's motion for a new trial. the judgment has been set aside or modified in accordance with defendant's motion for judgment not withstanding the verdict. the judgment has been 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. 3. IT IS HEREBY ORDERED THAT: the judgment heretofore entered in this action against defendant is hereby vacated and set aside. the writ of execution is hereby recalled and quashed. the clerk shall immediately notify the Sheriff's office that the Writ of Execution in this matter is recalled and quashed. the clerk shall set and notify the parties of a new trial date. Date: Judicial Officer ICLS 1/05 RK ORDER GRANTING MOTION 1 American LegalNet, Inc. www.USCourtForms.com