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Any Attorney or Party
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714-555-5555

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Any Attorney or Party

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Superior Co...
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PLEASE TAKE NOTICE that on _______________ at _________M., or as soon after that as
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The motion will be based on this notice of motion and the memorandum of points and

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authorities served and filed her...
Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it...
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Sample California renewal of motion

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This sample renewed motion for California is made pursuant to Code of Civil Procedure section 1008(b) on the grounds that the renewed motion should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. A renewed motion is NOT subject to any statutory time limitation. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 235 sample legal documents.

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Sample California renewal of motion

  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 13 14 Plaintiff, vs. Any Defendant, and DOES 1-5 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________; EXHIBITS DATE: TIME: DEPT: 18 19 20 21 22 To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail 23 24 25 26 27 28 address. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: - 1 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________
  2. 2. 1 2 3 4 5 6 PLEASE TAKE NOTICE that on _______________ at _________M., or as soon after that as the matter can be heard, Department ________ of the above-entitled court located at ______________________________, __________ will and does move this Court pursuant to Code of Civil Procedure § 1008(b) for renewal of the motion TO/FOR _____________________ filed on LIST DATE OF ORIGINAL MOTION on the grounds that a renewed motion based on 7 new or different facts, circumstances or law is authorized by statute and the new facts set forth in the 8 declaration of __________ and Exhibits attached thereto show that the original motion to/for LIST 9 10 11 12 13 14 15 16 TYPE OF MOTION SUCH AS MOTION FOR SUMMARY JUDGMENT, ETC. should be granted on the grounds that LIST HERE THE GROUNDS SUCH AS THERE IS NO MERIT TO THE ACTION FOR THE REASON THAT IT IS BARRED BY THE STATUTE OF LIMITATIONS, ETC. USE EXAMPLE #1 BELOW IF YOU CLAIM NEW OR DIFFERENT FACTS OR CIRCUMSTANCES. 1. New or different facts or circumstances have been discovered in that LIST THE 17 18 19 NEW OR DIFFERENT FACTS OR CIRCUMSTANCES AND WHY THEY WERE NOT DISCOVERED BEFORE. 20 USE EXAMPLE #2 BELOW IF YOU CLAIM NEW OR DIFFERENT LAW SUCH AS 21 A REVISED STATUTE OR RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR 22 SUPREME COURT CASE. 23 24 25 2. New or different law since the date of the order in that LIST HERE THE NEW OR 26 DIFFERENT LAW SUCH AS A RECENT REVISION TO A CODE OR STATUTE, OR A 27 RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR SUPREME COURT CASE. 28 - 2 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________
  3. 3. 1 The motion will be based on this notice of motion and the memorandum of points and 2 authorities served and filed herewith, on the declaration of __________ and Exhibits attached thereto, 3 4 5 on the papers and records on file herein, and on such oral and documentary evidence as may be presented at the hearing of the motion Be sure to modify these paragraphs to suit your individual 6 7 8 9 10 11 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY 12 13 14 MEMORANDUM OF POINTS AND AUTHORITIES 15 I. 16 INTRODUCTION 17 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH 18 19 AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF ORDER, JUDGE, 20 ETC. 21 22 _____________ contends that LIST HERE THE SPECIFIC REASONS WHY THE MOTION TO/FOR __________________ SHOULD BE RENEWED AND DESCRIBE IN 23 24 DETAILT THE NEW OR DIFFERENT FACTS OR CIRCUMSTANCES OR LAW THAT 25 HAS BEEN DISCOVERED SINCE THE DATE OF THE HEARING ON THE ORIGINAL 26 MOTION AND WHY IT WAS NOT DISCOVERED SOONER. 27 28 - 3 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________
  4. 4. Be sure to modify these paragraphs to suit your individual 1 2 3 4 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 5 II. 6 LEGAL ARGUMENT 7 8 9 10 11 12 A. THIS COURT HAS THE STATUTORY POWER TO CONSIDER THIS RENEWED MOTION WHICH IS AUTHORIZED BY CODE OF CIVIL PROCEDURE § 1008(b) Code of Civil Procedure § 1008(b) states in pertinent part that “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, 13 may make a subsequent application for the same order upon new or different facts, circumstances, or 14 law, in which case it shall be shown by affidavit what application was made before, when and to what 15 judge, what order or decisions were made, and what new or different facts, circumstances, or law are 16 claimed to be shown.” 17 18 Renewed motions are authorized by and governed by Code of Civil Procedure § 1008(b). 19 Stephen v. Enterprise Rent-A-Car (1991) 235 Cal. App. 3d 806, 816; see also Graham v. Hansen 20 (1982) 128 Cal. App. 3d 965, 970-971 (prior law). 21 To view the sample document on which this preview is based visit: 22 23 24 25 http://www.scribd.com/doc/179314455/Sample-California-renewal-ofmotion-doc 26 27 28 - 4 NOTICE OF MOTION AND MOTION FOR RENEWAL OF MOTION TO/FOR ___________

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