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Sample motion for bond under Code of Civil Procedure section 1030 in California

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This sample motion for a bond under Code of Civil Procedure section 1030 in California is filed on the grounds that, (1) plaintiff, resides outside of the State of California or is a foreign corporation or other fictitious entity, and (2) defendant, has a reasonable probability of prevailing in the case. The motion requests that the court order the plaintiff to post an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. The sample on which this preview is based is 11 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. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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Sample motion for bond under Code of Civil Procedure section 1030 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 Defendant, and DOES 1-5, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR UNDERTAKING PURSUANT TO CODE OF CIVIL PROCEDURE § 1030; 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. Be sure to remove these notices before using this document. 1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: - 1 - NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030
  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 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 ____________________________________________, Defendant, _________________________, will and hereby does move the Court for an order requiring Plaintiff, ________ to post an undertaking pursuant to Code of Civil Procedure § 1030 on the following grounds: MODIFY THE WORDING BELOW FOR YOUR SITUATION 1. Plaintiff, _________ resides outside of the State of California, 2. Plaintiff, _________ is a foreign corporation or other fictitious entity, and 3. Defendant, _________has a reasonable probability of prevailing in the case. The motion is based upon this notice of motion and motion, the attached memorandum of points and authorities, the attached declaration of ________ and exhibits attached thereto, and upon such oral and documentary evidence as may be presented by Defendant upon the hearing of the demurrer. DATED: ___________________ ___________________________________________________ Any Attorney or Party - 2 - NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030
  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 MEMORANDUM OF POINTS AND AUTHORITIES I. PRELIMINARY STATEMENT Plaintiff, ______________________(“Plaintiff ) filed their complaint against Defendant, _____________________ (“Defendant”). The complaint has ___ causes of action LIST CAUSES OF ACTION OF THE COMPLAINT. See the complaint on file. Plaintiff, ________ admits that they reside outside of the State of California, or Plaintiff admits that they are a foreign corporation. See paragraph __ of the complaint on file. Defendant, _____________ contends that the court should issue an order Plaintiff, ________ to post an undertaking pursuant to Code of Civil Procedure § 1030 on the following grounds: MODIFY THE WORDING BELOW FOR YOUR SITUATION 1. Plaintiff, _________ resides outside of the State of California, 2. Plaintiff, _________ is a foreign corporation or other fictitious entity, and 3. Defendant, _________has a reasonable probability of prevailing in the case Defendant contends that they have a reasonable probability of prevailing in this case in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION AND BE SURE TO CITE TO ANY ATTACHED EXHIBITS. To view the sample document on which this preview is based visit: https://www.scribd.com/document/336035915/Sample-Motion-for- Undertaking-Under-Code-of-Civil-Procedure-section-1030-in- California - 3 - NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030

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