Motion to for Relief and to Set Aside a Judgment or Order Pursuant to C.C.P. §473 [Memorandum of Points & Authorities]
Motion to for Relief to Set Aside a Judgment or Order Pursuant to C.C.P. 473 [Memorandum of Points & Authorities] with supporting authorities for the arguments including, inter alia party unexpectedly placed in a situation to his injury without fault or negligence of his own and against which ordinary prudence could not have guarded; matter appropriate for relief, petitioner was prevented from a full and fair hearing, petitioner not seeking to retry the same issue, good cause for relief; statutory grounds for relief, including mistake, inadvertence, surprise, excusable neglect; the mistake was the actual cause of the need for relief, petitioner has a meritorious claim/defense, opposing party will not be prejudiced; relief not barred by petitioner’s neglect; the motion is timely; the court has authority to grant relief consistent with the showing; trial court findings are controlling and ruling presumed correct. 32 pages.