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Any Attorney or Party
Any Street
Any Town, CA 5...
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TO _______________________ AND THEIR ATTORNEYS ...
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the clerk in the department where the trial wil...
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
INTRODU...
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Sample California motion for judgment under Code of Civil Procedure section 631.8

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This sample California motion for judgment pursuant to Code of Civil Procedure section 631.8 and is used when a party contends that the opposing party has failed to sustain its burden of proof on their claims or defenses. This motion is only for use in a NON-jury or bench trial. The sample on which this preview is based is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order.

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Transcript of "Sample California motion for judgment under Code of Civil Procedure section 631.8"

  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 Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MOTION FOR JUDGMENT TRIAL DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view details of sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx - 1 -
  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 _______________________ AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that LIST WHETHER PARTY FILING MOTION IS PLAINTIFF, DEFENDANT, ETC. hereby moves pursuant to Section 631.8 of the Code of Civil Procedure for judgment in his/her favor on LIST HERE THE PLEADING, CAUSE OF ACTION, DEFENSE OR LEGAL ISSUE INVOVLED. This motion is made on the grounds that LIST HERE THE LEGAL GROUNDS SUCH AS THE EVIDENCE IS NOT SUFFICIENT TO SUSTAIN PLAINTIFF’S BURDEN OF PROOF ON THE ISSUE THAT DEFENDANT WAS NEGLIGENT IN THE OPERATION OF THE MOTOR VEHICLE IN QUESTION. This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING DECLARATION, the supporting memorandum served and filed with this motion, the records and file in this matter, and on such portions of the transcript of the trial and supplemental declarations and memoranda that may be filed subsequently in this matter, and on such further oral and documentary evidence as may be presented at the hearing of this motion. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY Note that local rules may require you to serve and file this motion a certain number of days before the trial date. Be sure to check with - 2 -
  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 the clerk in the department where the trial will be held before using this motion for judgment. Remember that you can only move for judgment AFTER the opposing party has presented their evidence in a NON-JURY trial. - 3 -
  4. 4. 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 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC. _____________ contends that the court should grant this motion for judgment on the grounds that, as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on the issue that LIST HERE THE LEGAL ISSUE SUCH AS PLAINTIFF LACKS STANDING TO SUE, HAS NOT STATED A VALID CAUSE OF ACTION, OR CANNOT SHOW THAT ________ WAS NEGLIGENT IN THEIR OPERATION OF THE VEHICLE IN QUESTION, ETC. _______ further contends that in the event this motion for judgment is granted, this court should state in its order that the motion operates as an adjudication upon the merits pursuant to Code of Civil Procedure § 631.8(c). Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/211593678/Sample-California-Motion- for-Judgment-pursuant-to-Code-of-Civil-Procedure-section-631-8 - 4 -

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