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Sample California motion for leave to amend pleading

This sample motion for leave to amend is made pursuant to sections 473(a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities, a sample declaration and a proof of service by mail.

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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.
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Case No.
NOTICE OF MOTION AND MOTION FOR LEAVE
TO FILE AMENDED __________;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
_____________; EXHIBITS
DATE:
TIME:
DEPT:
To subscribe to my FREE California weekly legal newsletter visit
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
address.
To view sample document packages sold by LegalDocsPro visit
http://www.legaldocspro.com/downloads.aspx
Be sure to remove these notices before using this document.
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________
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1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
the above entitled court, located at ____________________________________________,
Defendant, _________________________, will and hereby does move the Court for leave to file an
an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC.
IS TO BE AMENDED in this action.
This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the
grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND
THE ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. and the established policy in
California liberally permitting amendments at any stage of the proceeding.
This motion is based upon this notice, the attached memorandum of points and authorities, the
Declaration of ____________________ and Exhibits thereto, the records and files of this action, and
upon such oral and documentary evidence as may be presented upon the hearing of the motion.
DATED: ___________ _________________________________________________________
Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises out of ____________________________________.
_____ requests leave of Court to file an amended LIST HERE WHETHER ANSWER,
COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED pursuant to California
Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT
SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, COMPLAINT, CROSS-
COMPLAINT, ETC., and the established policy in California liberally permitting amendments at
any stage of the proceeding.
________ has complied with California Rule of Court 3.1324(a)1-3 in that a copy of the
proposed _____________________ is attached as Exhibit “1” to the declaration of ______________.
The following allegations in the original __________________ are to be deleted;
1. LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT
WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR
EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO
DELETIONS THEN REMOVE THIS SECTION.
The following allegations are proposed to be added:
To purchase the sample document on which this preview is based
visit:
http://www.scribd.com/doc/172675744/Sample-Motion-for-Leave-to-
Amend-in-California
- 3 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________

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Sample California motion for leave to amend pleading

  • 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 LEAVE TO FILE AMENDED __________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF _____________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view sample document packages sold by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. - 1 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________
  • 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 1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of the above entitled court, located at ____________________________________________, Defendant, _________________________, will and hereby does move the Court for leave to file an an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED in this action. This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. and the established policy in California liberally permitting amendments at any stage of the proceeding. This motion is based upon this notice, the attached memorandum of points and authorities, the Declaration of ____________________ and Exhibits thereto, the records and files of this action, and upon such oral and documentary evidence as may be presented upon the hearing of the motion. DATED: ___________ _________________________________________________________ Any Attorney or Party - 2 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________
  • 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. STATEMENT OF FACTS This case arises out of ____________________________________. _____ requests leave of Court to file an amended LIST HERE WHETHER ANSWER, COMPLAINT, CROSS-COMPLAINT, ETC. IS TO BE AMENDED pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER, COMPLAINT, CROSS- COMPLAINT, ETC., and the established policy in California liberally permitting amendments at any stage of the proceeding. ________ has complied with California Rule of Court 3.1324(a)1-3 in that a copy of the proposed _____________________ is attached as Exhibit “1” to the declaration of ______________. The following allegations in the original __________________ are to be deleted; 1. LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO DELETIONS THEN REMOVE THIS SECTION. The following allegations are proposed to be added: To purchase the sample document on which this preview is based visit: http://www.scribd.com/doc/172675744/Sample-Motion-for-Leave-to- Amend-in-California - 3 - NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ______________