Sample small claims transfer declaration for California
 

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Sample small claims transfer declaration for California

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This sample declaration for transfer of small claims case in California is filed by a Defendant under the provisions of Code of Civil Procedure section 116.390 on the grounds that the Defendant has a ...

This sample declaration for transfer of small claims case in California is filed by a Defendant under the provisions of Code of Civil Procedure section 116.390 on the grounds that the Defendant has a claim that exceeds the jurisdiction of the small claims court and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim. The sample also includes an order for transfer of small claims case.

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Sample small claims transfer declaration for California Document Transcript

  • 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 Any Street Any Town, CA 55555 714-555-5555 Any Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. DECLARATION OF DEFENDANT_______ FOR TRANSFER OF SMALL CLAIMS CASE; AND ORDER TRIAL DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your name and e-mail address in the sign-up box. To view over 255 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents - 1 - DECLARATION OF DEFENDANT ____________ FOR TRANSFER OF SMALL CLAIMS CASE
  • 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 Be sure to remove all notices before using this document. 1 I, ____________, declare as follows. 1. I am the Defendant in the above-entitled action. I have personal knowledge of the facts stated in this declaration, and if called as a witness could and would testify competently to the truth of the facts stated herein. I make this declaration in accordance with Code of Civil Procedure § 116.390. 2. I have a claim against Plaintiff, ___________ in the sum of $________ that exceeds the maximum jurisdictional amount of the small claims court. 3. This claim would be the subject of a cross-complaint under the rules of pleading and practice governing the Superior Court. 4. I filed an action on _________, against Plaintiff, __________ which includes this claim in the Superior Court of California, County of __________, State of California, ____________ District, Case No. ____________. 5. A true and correct copy of the complaint filed in that action by me against Plaintiff is attached hereto as Exhibit “1” and incorporated herein by reference. 6. This declaration is being filed with this court at or before the time set for the trial of the above-entitled action which time is ____.M. on ___________ in Dept. ______ of this Court /// /// /// /// - 2 - DECLARATION OF DEFENDANT ____________ FOR TRANSFER OF SMALL CLAIMS CASE
  • 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 7. I delivered to Plaintiff, _________________ in person a copy of this declaration and complaint on _______________, which date of service is at or before the time set for the trial of the above-entitled action. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated:_____________________ __________________________________________ _____________________, Defendant In Pro Per ORDER: IT DULY APPEARING that the requirements of Code of Civil Procedure § 116.390 have been satisfied as set forth in Defendant's declaration, IT IS HEREBY ORDERED THAT: 1. The above-entitled small claims court action between Plaintiff, ________________and Defendant, _____________ Case No. ________ is hereby transferred to the Superior Court of California, County of ______, ________ District, as set forth in Defendant's declaration, to be tried together with action Case No. ___________ in that court. 2. The clerk of this court shall transmit forthwith all files and papers in the above- entitled small claims court action to that court. Dated:_____________ ______________________________________________________ JUDGE/COMMISSIONER OF THE SUPERIOR COURT - 3 - DECLARATION OF DEFENDANT ____________ FOR TRANSFER OF SMALL CLAIMS CASE
  • 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 - 4 - DECLARATION OF DEFENDANT ____________ FOR TRANSFER OF SMALL CLAIMS CASE