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Sample motion to substitute plaintiff in California

This motion to substitute a Plaintiff in California is used to substitute the personal representative or successor-in-interest in place of the Plaintiff when the Plaintiff has died while the lawsuit is pending. The sample motion is filed under the provisions of Code of Civil Procedure section 377.31. The sample motion on which this preview is based is 13 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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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.
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Case No.
NOTICE OF MOTION AND MOTION TO
SUBSTITITE _______ IN PLACE OF DECEASED
PLAINTIFF, ______________; MEMORANDUM
OF POINTS AND AUTHORITIES;
DECLARATION OF ________; EXHIBITS
DATE:
TIME:
DEPT:
RESERVATION NO.
To subscribe to my FREE California weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address.
To view over 300 sample legal documents sold by LegalDocsPro
visit: http://www.scribd.com/LegalDocsPro
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on _______, at _______M., or as soon after that as the matter
can be heard, in Department ___ of the above-entitled court located at ____________, Plaintiffs,
__________________; (“Plaintiffs”) will and do move this Court for an order substituting
__________ in place of Plaintiff, ______________, an individual, pursuant to the provisions of Code
of Civil Procedure § 377.31 on the grounds that Plaintiff, _________________________, passed
away on _____________, and
USE THE EXAMPLE BELOW IF YOU ARE THE EXECUTOR OF THE ESTATE
OR THE TRUSTEE OF THE LIVING TRUST OF THE DECEDENT
___________ is the Executor of the Estate of ______________________, or the Successor
Trustee of the ____________ Living Trust dated ____________as shown by the declaration of
_______________and exhibits attached thereto, concurrently filed and served herewith and
incorporated herein by reference.
USE THE EXAMPLE BELOW IF YOU ARE AN HEIR OF THE DECEDENT
is the successor in interest to ______________, as defined in Code of Civil Procedure §
377.11 and succeed to their interest in the above-entitled proceeding.
The motion shall be based on this notice and the attached memorandum of points and
authorities, the attached declaration of ___________ and Exhibits attached thereto, on the complete
files and records of this action, and on such other oral and/or documentary evidence as may be
presented at the hearing on the Motion.
Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
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Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that you must serve all parties
and give them at least sixteen (16) Court days notice, plus an additional
five (5) calendar days if service is by mail. Court days means Monday
through Friday, except for Court holidays. See Code of Civil Procedure
§ 1005 for more details.
To purchase the entire 13 page document visit;
https://legaldocspro.myshopify.com/products/sample-motion-to-
substitute-a-plaintiff-in-california
- 3 -
NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF

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Sample motion to substitute plaintiff in California

  • 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. NOTICE OF MOTION AND MOTION TO SUBSTITITE _______ IN PLACE OF DECEASED PLAINTIFF, ______________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________; EXHIBITS DATE: TIME: DEPT: RESERVATION NO. To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 300 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro - 1 - NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
  • 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 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______, at _______M., or as soon after that as the matter can be heard, in Department ___ of the above-entitled court located at ____________, Plaintiffs, __________________; (“Plaintiffs”) will and do move this Court for an order substituting __________ in place of Plaintiff, ______________, an individual, pursuant to the provisions of Code of Civil Procedure § 377.31 on the grounds that Plaintiff, _________________________, passed away on _____________, and USE THE EXAMPLE BELOW IF YOU ARE THE EXECUTOR OF THE ESTATE OR THE TRUSTEE OF THE LIVING TRUST OF THE DECEDENT ___________ is the Executor of the Estate of ______________________, or the Successor Trustee of the ____________ Living Trust dated ____________as shown by the declaration of _______________and exhibits attached thereto, concurrently filed and served herewith and incorporated herein by reference. USE THE EXAMPLE BELOW IF YOU ARE AN HEIR OF THE DECEDENT is the successor in interest to ______________, as defined in Code of Civil Procedure § 377.11 and succeed to their interest in the above-entitled proceeding. The motion shall be based on this notice and the attached memorandum of points and authorities, the attached declaration of ___________ and Exhibits attached thereto, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. Dated________________ ___________________________________________________ ANY ATTORNEY OR PARTY - 2 - NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
  • 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 Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that you must serve all parties and give them at least sixteen (16) Court days notice, plus an additional five (5) calendar days if service is by mail. Court days means Monday through Friday, except for Court holidays. See Code of Civil Procedure § 1005 for more details. To purchase the entire 13 page document visit; https://legaldocspro.myshopify.com/products/sample-motion-to- substitute-a-plaintiff-in-california - 3 - NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF