Sample California motion for summary judgment in unlawful detainer (eviction)

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This sample motion for summary judgment in an unlawful detainer (eviction) case is designed for use by a tenant who contends summary judgment should be granted on the grounds that the plaintiff cannot establish an element of a cause of action for unlawful detainer, and that they have established affirmative defenses to the complaint. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities which lists over 10 affirmative defenses to choose from, a proposed order and proof of service by mail.

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Sample California motion for summary judgment in unlawful detainer (eviction)

  1. 1. 2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, 12 Plaintiff, 13 14 vs. Any Defendant, and DOES 1-5 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit 18 19 20 21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before 22 23 using this document. 24 To view sample document packages for sale by LegalDocsPro visit 25 26 http://www.legaldocspro.com/downloads.aspx 27 28 /// - 1 -
  2. 2. 1 2 3 4 5 6 TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, 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 ________________________ Defendants (“Defendants”) for themselves and for no other Defendant, 7 will and hereby do move the Court, pursuant to Code of Civil Procedure (“CCP”) § 437c, for 8 summary judgment in favor of Defendants and against Plaintiff ______________ (“Plaintiff”), and 9 10 11 12 for costs of suit incurred herein and such other relief as may be just and proper. The motion is made on the grounds that, the cause(s) of action alleged in Plaintiff’s complaint have no merit in that they have failed to establish _________________ which are required elements 13 of a cause of action for unlawful detainer, and on the further grounds that Defendants have clearly 14 established the following affirmative defenses _________________________________to a cause of 15 action for unlawful detainer. Thus there are no triable issues of material fact and Defendants are 16 therefore entitled to judgment as a matter of law. 17 18 This motion will be based on this notice and on the memorandum of points and authorities 19 served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all 20 the papers and records of this action and on such other and further oral and/or documentary evidence 21 as may be presented at the hearing on this motion. 22 23 24 Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies 25 26 to your particular situation. 27 Dated________________ 28 _______________________________________________ ANY ATTORNEY OR PARTY - 2 -
  3. 3. 1 Note that you MUST file and serve this motion for summary 2 3 4 judgment at least five (5) calendar days before the hearing if the motion is personally served, and ten (10) calendar days before the hearing if 5 6 the motion is served by mail inside California. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -
  4. 4. 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 4 5 6 7 8 9 10 11 12 STATEMENT OF FACTS This case is an unlawful detainer filed by Plaintiff who allege they are entitled to possession of the real property located at _____________________________________________ (“the Property”). See complaint on file. Defendant contends that there are no triable issues of material fact in that Plaintiff cannot establish ___________________ proper service of all required notices which is a required element for a cause of action for unlawful detainer, and further contends that they have clearly established _________________________________________ as affirmative defenses. See the declaration of 13 __________________ and Exhibits attached thereto concurrently filed and served and incorporated 14 herein by reference. 15 16 Defendant contends that there are no triable issues of material fact and this court should grant summary judgment. 17 18 19 Be sure to include some detail as to the reason why the Plaintiff cannot state a cause of action for unlawful detainer, and details 20 21 22 23 24 supporting your affirmative defenses. Do NOT just use the wording here unless it applies to your situation. To view the sample document on which this preview is based visit: 25 26 27 http://www.scribd.com/doc/189846406/Sample-California-Motion-forSummary-Judgment-in-Unlawful-Detainer-Eviction 28 - 4 -

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