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Sample motion for leave to amend answer in California

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This sample motion for leave to amend an Answer in California is filed pursuant to Code of Civil Procedure sections 473(a) and 576 on the grounds that allowing an amended Answer to be filed would …

This sample motion for leave to amend an Answer in California is filed pursuant to Code of Civil Procedure sections 473(a) and 576 on the grounds that allowing an amended Answer to be filed would further the interests of justice. The sample on which this preview is based is 12 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 LEAVE TO FILE AMENDED ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _____________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 250 sample legal documents for sale by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents Be sure to remove this notice and all other notices before using this document. - 1 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
  • 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 ___________. in Department ___of the above entitled court, located at ____________________________________________, Defendant, _________________________, will and hereby does move the Court for leave to file an amended Answer in this action. This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, and the established policy in California liberally permitting amendments at any stage of the proceeding. This motion is based upon this notice, the attached memorandum of points and authorities, the Declaration of ____________________ and Exhibits thereto, the records and files of this action, and upon such oral and documentary evidence as may be presented upon the hearing of the motion. DATED: ___________ _________________________________________________________ Any Attorney or Party - 2 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
  • 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 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case arises out of ____________________________________. _____ requests leave of Court to file an amended Answer pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER SUCH AS FORMER COUNSEL NEGLECTED TO INCLUDE AN AFFIRMATIVE DEFENSE BASED ON THE STATUTE OF LIMITATIONS, and the established policy in California liberally permitting amendments at any stage of the proceeding. To view the sample document on which this preview is based visit: http://www.scribd.com/doc/230397135/Sample-Motion-for-Leave-to- Amend-Answer-in-California - 3 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER