Sample California motion for summary judgment by plaintiff
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The document outlines a notice of motion for summary judgment in a California court case, specifying the necessary components and requirements for filing, including the need for a hearing and documentation. It states that the motion is based on the claim that there are no triable issues of material fact, allowing the plaintiff to seek judgment as a matter of law. Additionally, it emphasizes the procedural timeline and notification obligations prior to the motion hearing.
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Any Party or Attorney
Any Street
Any Town, CA
Telephone: 555-555-5555
Any Attorney or Party
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF _____________________________
Any Plaintiff,
Plaintiff,
v.
Any Defendants,; and DOES 1 – 10,
INCLUSIVE
Defendants
CASE NO.
NOTICE OF MOTION AND MOTION
FOR SUMMARY JUDGMENT
[Filed concurrently with Memorandum of
Points and Authorities; Separate Statement
of Undisputed Material Facts; Declarations
of _______________ and ______; Exhibits;
[Proposed] Order; and Proof of Service]
Date:
Time:
Dept.:
Judge:
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Sample California motion for summary judgment by plaintiff
- 1. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Party or Attorney Any Street Any Town, CA Telephone: 555-555-5555 Any Attorney or Party SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF _____________________________ Any Plaintiff, Plaintiff, v. Any Defendants,; and DOES 1 – 10, INCLUSIVE Defendants CASE NO. NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [Filed concurrently with Memorandum of Points and Authorities; Separate Statement of Undisputed Material Facts; Declarations of _______________ and ______; Exhibits; [Proposed] Order; and Proof of Service] Date: Time: Dept.: Judge: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address.
- 2. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To view details of sample document packages created and sold by LegalDocsPro visit this website: http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that PLEASE TAKE NOTICE THAT on ____________________, at ________, or as soon after that as the matter can be heard, in Dept. _______of the above-entitled Court located at ______________________________________, Defendant,___________________ will move this court pursuant to California Code of Civil Procedure 437c for an order granting Plaintiff’s motion for summary judgment on the grounds that there are no triable issues of material fact and thus Plaintiff is entitled to judgment as a matter of law. This motion is based upon this notice, on the attached memorandum of points and authorities, the separate statement of undisputed material facts, on the attached declaration(s), on the attached exhibits, and upon such oral and documentary evidence as may be presented to the Court by Defendant at the time of the hearing. NOTE THAT YOU CANNOT FILE THIS MOTION UNTIL AT LEAST 60 CALENDAR DAYS HAVE PASSED SINCE THE DEFENDANT FILED AN ANSWER OR OTHERWISE MADE AN APPEARANCE. YOU MUST GIVE AT LEAST 75 CALENDAR DAYS NOTICE OF THE HEARING AND ADD AT LEAST 5 CALENDAR DAYS ADITIONAL TIME FOR SERVICE BY MAIL. Dated:______________ _____________________________________________ ANY ATTORNEY OR PARTY
- 3. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page I. STATEMENT OF FACTS………………………………………………………………...5 II. ARGUMENT………………………………………………………………………………6 A. SUMMARY JUDGMENT IS PROPERLY GRANTED WHERE THERE ARE NO TRIABLE ISSUES OF MATERIAL FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW ……………………….6 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/218801019/Sample-Motion-for-Summary- Judgment-by-Plaintiff-in-California