Vacating a judgment under Code of Civil Procedure section 663 in California is the topic of this blog post. Section 663 of the Code of Civil Procedure allows a party to file a motion to set aside and vacate a judgment and enter another and different judgment for specified grounds. The motion must be made within the same time period as a motion for judgment notwithstanding the verdict or a new trial motion. See Code of Civil Procedure section 663a.
Section 663 of the Code of Civil Procedure states that, “A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment:
1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not supported by the special verdict.”
A section 663 motion is useful when the moving party can make a strong showing that a judgment or decree is incorrect or erroneous in some way that materially affects their substantial rights.
The California Supreme Court ruled in a case from over 40 years ago that a section 663 motion can be made if the court draws an incorrect legal conclusion or renders an erroneous judgment on the facts found by it to exist.
Several California Court of Appeal decisions have stated that the procedure outlined in section 663 is designed to enable the court to speedily rectify a judgment rendered upon erroneous application of the law to facts which have been found by the court or jury or which are otherwise uncontroverted.
The California Supreme Court also stated over 100 years ago that a section 663 motion can also be granted if the court comes to a legal conclusion that is contrary to an express statutory provision
A section 663 motion may be granted when the court considers a specific element to be part of a settled legal doctrine when, in fact, it is not as stated in a California Court of Appeal decision from over 60 years ago.
Attorneys or parties in California who would like to view a portion of a sample motion to set aside and vacate a judgment and enter another and different judgment that contains a memorandum of points and authorities and is sold by the author can see below.
The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Copyright 2013 Stan Burman. All rights reserved.
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.