Declaration Supporting Motion To Set Aside Entry of Default or Default Judgment Form

[Attorney name] [Address] [Telephone number] Attorney for [e.g., Defendant], [name] xxx Court, County of xxx [xxx District] xxxxxx ) No. xxx Plaintiff(s) ) vs. ) DECLARATION OF [NAME] ) SUPPORTING [NAME]'S MOTION xxxxxx ) TO SET ASIDE [DEFAULT Defendant(s) ) [AND DEFAULT JUDGMENT]/ ) DEFAULT JUDGMENT] _________________________________) Hearing: [date; time] Department: xxx Trial Date: [if set] [Name] declares: [Option 1] 1. I am the attorney for [name], [e.g., defendant] in this action. [Option 2] 1. I am the [e.g., defendant] in this action. [Option 3] 1. I am the [state relationship, e.g., president] of the [e.g., defendant] in this action, and I am authorized to make this declaration on [his/her/its] behalf. 2. I have personal knowledge of all facts stated in this declaration and, if called to testify, I could and would do so. 3. The entry of [default [and default judgment]/default judgment] against [e.g., defendant] in this action was due to [my/[name]'s] mistake, inadvertence, surprise, or excusable neglect in that [state facts, e.g., on November 22, 1992, I spoke by telephone with Mr. Smith, counsel for plaintiff. During that conversation I asked Mr. Smith for an extension of time to plead on behalf of my client until December 4, 1992. Mr. Smith agreed to the extension of time]. [Add if appropriate] 4. The entry of [default [and default judgment]/default judgment] was discovered by me on [date]. This motion was not filed earlier because [state facts showing due diligence]. [5.] [Continue declarant's statements]. I declare under penalty of perjury under the laws of the State of xxx that the foregoing is true and correct. Date: xxxx _____________________________ [Typed name] [Title if relevant]