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Sample meet and confer declaration for motion for judgment on the pleadings in California

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This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439(a). This declaration can be used to demonstrate compliance with the new meet and confer requirement before filing a motion for judgment on the pleadings in California that just became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample meet and confer declaration for motion for judgment on the pleadings in California

  1. 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 Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. DECLARATION OF ______________ REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CODE OF CIVIL PROCEDURE § 439(a) To subscribe to my FREE weekly legal newsletter visit http://legaldocspro.net/newsletter.htm and enter your e-mail address. To view the details of sample legal document packages sold by LegalDocsPro visit: http://www.legaldocspro.net You MUST meet and confer at least five (5) days BEFORE your responsive pleading is due and must file and serve this declaration on - 1 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)
  2. 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 or before the date your responsive pleading is due. If you comply with these requirements and the other party refuses to meet and confer in good faith, Code of Civil Procedure § 439(a)(2) specifies that you will receive an automatic 30-day extension of time to file a responsive pleading. To read the entire text of Code of Civil Procedure § 439 visit: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml? lawCode=CCP&sectionNum=439. Be sure to remove this notice and all other notices before using this document. I, NAME OF PERSON SIGNING DECLARATION, declare as follows: USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING 1. I am an attorney duly admitted to practice law before the courts of the State of California and the attorney of record for ___________ in the above-captioned action entitled __________, now pending before the ________County Superior Court, as case number _____________. USE THE WORDING BELOW IF A PARTY IS SIGNING 1. I am the STATE YOUR PARTY CAPACITY in this action. I am over the age of 18 years and have personal knowledge of the facts contained in this declaration, and if called as a witness, could and would testify competently to the following. - 2 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)
  3. 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 2. I have personal firsthand knowledge of the facts set forth herein and if called as a witness I could and would testify competently to the truth of the facts set forth in this declaration. 3. I make this declaration regarding my compliance with the new meet and confer requirements imposed by Code of Civil Procedure § 439(a) before any motion for judgment on the pleadings may be filed with the court. USE THE FIRST EXAMPLE BELOW IF YOU WERE ABLE TO MEET AND CONFER BUT WERE UNABLE TO REACH AN AGREEMENT 4. On STATE DATE which was at least five days before any responsive pleading was due, I conferred by telephone or in person (State whether you conferred by telephone or in person) with the party or the attorney for the party that filed the pleading namely the LIST HERE WHETHER COMPLAINT, CROSS-COMPLAINT OR ANSWER to determine whether an can be reached that would resolve the objections to be raised in the motion for judgment on the pleadings that I wanted to file as to the STATE SPECIFIC OBJECTIONS THAT YOU WANT TO RAISE IN YOUR MOTION FOR JUDGMENT ON THE PLEADINGS. 5. I clearly identified the legal support for the alleged deficiencies. However we were not able to reach an agreement resolving the objections that were to be raised in the motion for judgment on the pleadings. USE THE EXAMPLE BELOW IF THE OTHER PARTY FAILED TO RESPOND TO YOUR MEET AND CONFER REQUEST OR WOULD NOT MEET AND CONFER IN GOOD FAITH STATE NAME OF PARTY OR ATTORNEY THAT YOU ATTEMPTED TO MEET AND CONFER WITH did not respond to my request to meet and confer or did not otherwise meet and confer in good faith. - 3 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)
  4. 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 6. STATE HERE ANY ADDITIONAL FACTS THAT SUPPORT YOUR COMPLIANCE WITH THE NEW MEET AND CONFER REQUIREMENTS. ATTACH ANY RELEVANT DOCUMENTS AS EXHIBIT “1”, ETC. Modify the wording here to fit your particular situation. Do NOT just use the wording in this paragraph unless it definitely applies to your situation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ______________,20__ at ______________________,California. ___________________________________________________ NAME OF PERSON SIGNING DECLARATION - 4 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)
  5. 5. 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 PROOF OF SERVICE I am over the age of 18 and not a party to this action. I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS. On ____________________ I served the foregoing document(s) described as: DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CODE OF CIVIL PROCEDURE § 439(a) to the following parties: NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY [X] (By U.S. Mail) I deposited such envelope in the mail at ______, California with postage thereon fully prepaid. I am readily familiar with the regular and customary business practice of this office in which mail is duly deposited in the United States Mail at __________, California on the date that it is mailed. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at _____, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger service to the address above; [ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours to the number(s) listed above. Said transmission was reported complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: ______________ _______________________________________ NAME OF PERSON SERVING PAPERS - 5 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)
  6. 6. 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 PROOF OF SERVICE I am over the age of 18 and not a party to this action. I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS. On ____________________ I served the foregoing document(s) described as: DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CODE OF CIVIL PROCEDURE § 439(a) to the following parties: NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY [X] (By U.S. Mail) I deposited such envelope in the mail at ______, California with postage thereon fully prepaid. I am readily familiar with the regular and customary business practice of this office in which mail is duly deposited in the United States Mail at __________, California on the date that it is mailed. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at _____, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger service to the address above; [ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours to the number(s) listed above. Said transmission was reported complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: ______________ _______________________________________ NAME OF PERSON SERVING PAPERS - 5 - DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-CCP SECTION 439(a)

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