How to vacate stipulation in California under Code of Civil Procedure section 473

How to vacate a stipulation in California is the topic of this blog post. Vacating a stipulation in California is initiated by the filing of a motion under the provisions of Code of Civil Procedure section 473 and can also be used to vacate a settlement.

Grounds for such a motion could include inadvertence, excusable neglect, fraud, mistake of fact or law as well as several others including that special circumstances exist which would make it unjust to enforce the stipulation.  Thus the issue of fairness can be considered in appropriate situations.

Code of Civil Procedure Section 473 states in pertinent part: “The Court may, upon any terms as may be just, relieve a party, or his or her legal representative from a judgment, dismissal, order or other proceeding, taken against him or her through his or her mistake, inadvertance, surprise or excusable neglect.”

It should be stressed that the motion to vacate the stipulation or settlement should be made as soon as possible once a party discovers the mistake of fact or law, fraud or other grounds as the motion must be filed within a reasonable period of time in no case exceeding six months once the stipulation or settlement has been signed or entered.   The more quickly the motion is filed the better as section 473 is applied liberally where there is a prompt request for relief and the opposing party will not suffer any prejudice if relief is granted.

The party filing the motion should be sure to include enough detailed facts in their supporting declaration to support their requested relief.

Attorneys or parties in California who would like to view a portion of a 10 page sample motion to vacate a stipulation containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

http://www.scribd.com/doc/232236072/Sample-Motion-to-Vacate-Stipulation-in-California

 

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.