sc135_002

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COURT

COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

......... ..

Name and Address of Court:

SC-135

: Index No.

SMALL CLAIMS CASE NO.:

: Calendar No.

PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each): DEFENDANT/DEMANDADO (Name, street address, and telephone number of each):

:

Plaintiff(s) JUDICIAL SUBPOENA

-against- :



Telephone No.: :

Telephone No.:







:

Defendant(s) :

.

. .No.:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone Telephone No.:



See attached sheet for additional plaintiffs and defendants.



NOTICE TO (Name): OF THE STATE OF NEW YORK

THE PEOPLE

Una de las partes en el caso le ha solicitado a la corte que DEJE

of

One TOthe parties has asked the court to CANCEL the

SIN EFECTO la decisión tomada en su caso por la corte para

small claims judgment in your case. If you disagree

reclamos judiciales menores. Si usted esta en desacuerdo con esta

with this request, you should appear in this court on

solicitud, debe presentarse en esta corte en la fecha de la audiencia

the hearing date shown below. If the request is

indicada a continuación. Si se concede esta solicitud, es posible que

granted, ANOTHER TRIAL may immediately be held.

GREETINGS: se efec- túe otro juicio inmediatamente. Traiga a todos sus testigos,

Bring all witnesses, books, receipts, and other papers

libros, recibos, y otros documentos o cosas para presentarlos en

or things with you to support your case.

apoyo de su caso.

WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before

the Honorable at the

NOTICE OF MOTION TO VACATE (CANCEL) JUDGMENT Court ,

County of located at

1. A hearing will be held in this court at which I will ask the court to cancel the judgment entered against me in this case.

in room , motion day appear at the court on , at

If you wish to oppose the on the you should of , 20 o'clock in the noon, and at any recessed

or adjourned date, to testify and give evidence as a witness in this action on the part of the

HEARING DATE DAY TIME PLACE COURT USE

DATE

1.

FECHA

DEL 2.

JUICIO 3.

failure to comply with this subpoena is punishable as a contempt of court and will make you liable to

Your

the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a

2. I am asking the court to cancel the judgment for the reasons stated in item 5 below. My request is based on this notice of motion

result of your failure to on file with

and declaration, the records comply. the court, and any evidence that may be presented at the hearing.

DECLARATION FOR MOTION TO VACATE (CANCEL) JUDGMENT

3. Judgment was entered against me in this case on (date):

Witness, Honorable , one of the Justices of the

4. I first learned of the entry of judgment against me on (date):

Court in County, day of , 20

5. I am asking the court to cancel the judgment for the following reason:

a. I did not appear at the trial of this claim because (specify facts):



b. Other (specify facts):

(Attorney must sign above and type name below)

6. I understand that I must bring with me to the hearing on this motion all witnesses, books, receipts, and other papers or things to sup-

port my case.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Attorney(s) for

...............................................................................................

(TYPE OR PRINT NAME) (SIGNATURE)



CLERK'S CERTIFICATE OF MAILING

I certify that I am not a party to this action. This Notice of Motion to Vacate Judgment and Declaration was mailed first class,

Office and P.O. Address

postage prepaid, in a sealed envelope to the responding party at the address shown above. The mailing and this certification occurred

at (place): , California,

on (date): Clerk, by Telephone No.: , Deputy

- The county provides small claims advisor services free of charge. -

Facsimile No.:

Page 1 of 1

Form Approved for Optional Use E-Mail Address: Code of Civil Procedure §§ 116.720,

Judicial Council of California NOTICE OF MOTION TO VACATE JUDGMENT AND DECLARATION 116.730,116.740

SC-135 [Rev. January 1, 2007]

(Small Claims) Mobile Tel. No.: www.courtinfo.ca.gov



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