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Any Attorney or Party
Any Street
Any Town, CA 55555

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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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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on ______________...
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mailing notice of entry of judgment by the clerk of the court, or service

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upon you by any party of written noti...
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 motion for judgment notwithstanding the verdict for california

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This sample motion for judgment notwithstanding the verdict (JNOV) for California is made under Code of Civil Procedure section 629 on the grounds that no substantial evidence supports the jury’s verdict. The sample on which this preview is based is 11 pages and contains a memorandum of points and authorities with citations to case law and statutory authority, a proposed order and proof of service by mail.

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Sample motion for judgment notwithstanding the verdict for california

  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 15 Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT; MEMORANDUM OF POINTS AND AUTHORITIES 17 18 To subscribe to my FREE California weekly legal newsletter visit 19 20 21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before 22 23 24 25 26 using this document. To view sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx 27 28 - 1 -
  2. 2. 1 2 3 4 5 6 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 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 for an order for 7 judgment in their favor, notwithstanding the verdict. The motion will be made on the following 8 grounds: 9 10 11 12 13 14 15 16 1. After viewing the evidence in the light most favorable to LIST NAME OF PARTY SECURING THE VERDICT, there is no substantial evidence to support the jury's verdict in that party's favor and a directed verdict for LIST YOUR NAME HERE should have been granted had a previous motion for directed verdict been made. ONLY USE NUMBER 2 BELOW IF YOU PREVIOUSLY MOVED FOR A DIRECTED VERDICT. 2. On each and all of the grounds on which the motion for a directed verdict was made. 17 18 The motion will be based on this notice of motion and the memorandum of points and 19 authorities served and filed herewith, on the papers and records on file herein, and on such oral and 20 documentary evidence as may be presented at the hearing of the motion 21 Be sure to modify these paragraphs to suit your individual 22 23 24 25 26 situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Note that you MUST file and serve this notice of motion and 27 28 memorandum of points and authorities within 15 days of the date of - 2 -
  3. 3. 1 mailing notice of entry of judgment by the clerk of the court, or service 2 3 4 upon you by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. You 5 6 7 8 9 MUST also serve all adverse parties. This time period cannot be extended by any court or any stipulation. See Code of Civil Procedure sections 629 and 659. 10 11 12 Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY 13 14 MEMORANDUM OF POINTS AND AUTHORITIES 15 I. 16 INTRODUCTION 17 18 19 20 21 22 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC. _____________ contends that judgment notwithstanding the verdict (“JNOV”) should be granted as LIST HERE THE SPECIFIC REASONS WHY YOUR MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT SHOULD BE GRANTED AS THERE IS NO 23 24 SUBSTANTIAL EVIDENCE TO SUPPORT THE JURY’S VERDICT. STATE IN DETAIL 25 ALL FACTS THAT SUPPORT YOUR CONTENTION THAT THERE IS NO EVIDENCE 26 TO SUPPORT THE JURY’S VERDICT. 27 28 - 3 -
  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 13 A. THIS COURT HAS THE STATUTORY AUTHORITY TO RENDER JUDGMENT IN FAVOR OF THE MOVING PARTY ON THE GROUNDS THAT THERE IS NO SUBSTANTIAL EVIDENCE TO SUPPORT THE JURY’S VERDICT AND THIS FACT HAS RESULTED IN A MISCARRIAGE OF JUSTICE Code of Civil Procedure § 629 states in pertinent part that, “The court, before the expiration 14 of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on 15 motion of a party against whom a verdict has been rendered, shall render judgment in favor of the 16 aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the 17 18 19 20 21 aggrieved party should have been granted had a previous motion been made.” To view the sample document on which this preview is based visit: http://www.scribd.com/doc/178902364/Sample-motion-for-judgmentnotwithstanding-the-verdict-for-California 22 23 24 25 26 27 28 - 4 -

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