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Sample California motion for mandatory dismissal for delay in prosecution

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This sample California motion for mandatory dismissal for delay in prosecution is made on the grounds that (1) the summons and complaint were not served within three years from the date of filing, or …

This sample California motion for mandatory dismissal for delay in prosecution is made on the grounds that (1) the summons and complaint were not served within three years from the date of filing, or a proof of service was not filed within 60 days from the expiration of the three year period pursuant to Code of Civil Procedure section 583.210, (2) the action was not brought to trial within 5 years from the date of filing pursuant to Code of Civil Procedure section 583.310, and (3) the action was not brought to retrial within 3 years from the date of mistrial, granting of new trial or reversal on appeal pursuant to Code of Civil Procedure section 583.320. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.

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  • 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. NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________; EXHIBITS 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 - NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
  • 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 1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as the matter may be heard in Department ___of the above entitled court, located at ____________________________________________, LIST PARTY CAPACITY SUCH AS DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above- entitled action as to the LIST WHETHER PLAINTIFF, CROSS-COMPLAINANT, ETC. on the grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE DIRECTLY BELOW: The failure to serve the summons and complaint on _____________ within 3 years or return proof of service within 60 days after the 3–year period required by Code of Civil Procedure § 583.210 requires mandatory dismissal. FOR FAILURE TO BRING THE CASE TO TRIAL USE THE ONE DIRECTLY BELOW: The failure to bring this action to trial within 5 years as required by Code of Civil Procedure § 583.310 requires mandatory dismissal. FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY BELOW: The failure to bring this action to retrial within 3 years after a mistrial, order granting new trial or reversal on appeal as required by Code of Civil Procedure § 583.320 requires mandatory dismissal. This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING DECLARATION, and exhibits attached thereto, the supporting memorandum served and filed with - 2 - NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
  • 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 this motion, the records and file in this matter, and on such other 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. Remember that dismissal motions for delay in prosecution are subject to a special 45–day notice of hearing requirement pursuant to Code of Civil Procedure § 583.410 and California Rule of Court 3.1342(a). Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY - 3 - NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
  • 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 If you would like to view the sample document on which this preview is based visit: http://www.scribd.com/doc/212405852/Sample-California-Motion-for- Mandatory-Dismissal-for-Delay-in-Prosecution - 4 - NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION

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