Sample trial brief for California civil case

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This sample trial brief for a California civil case is used by a party in a California litigation case. The sample can be modified and used in most California litigation cases, it also includes a memorandum of points and authorities with citiations to case law and statutory authority and a proof of service by mail. This is a preview of the sample sold by LegalDocsPro.

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Sample trial brief for California civil case

  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. DEFENDANT’S TRIAL BRIEF TRIAL 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 many more sample legal documents created by me, visit: http://www.legaldocspro.com/downloads.aspx Be sure to remove this notice and all other notices before using this document. TO PLAINTIFF, ____________________________ AND THEIR ATTORNEYS OF RECORD: - 1 - DEFENDANT’S TRIAL BRIEF
  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 Defendant, (“Defendant”) herein submits their Trial Brief for use at the trial of the above-entitled action. I. STATEMENT OF CASE This case arises from an alleged breach of lease for the real property located at __________, (“Subject Property”) entered into between Defendant, ____________ (“Defendant”) and Plaintiff, ______________________________________ (“Plaintiff”). Plaintiff, is alleging that Defendant breached a lease agreement for the Subject Property. Defendant denies the allegations of Plaintiff and contends that they did not breach any lease agreement with Plaintiff. 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. II. PLAINTIFF’S CONTENTIONS Plaintiff contends that Defendant breached the lease agreement regarding the Subject Property causing Plaintiff to suffer damages. Plaintiff has at various points in their documents filed with the Court in this case, alleged the amounts of $__________ and $ _______________as the amount of their damages. Said damages include future unpaid rent for the Subject Property through _______. 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. - 2 - DEFENDANT’S TRIAL BRIEF
  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 III. DEFENDANT’S CONTENTIONS Defendant denies the allegations of Plaintiff that they breached any lease agreement regarding the Subject Property. Defendant contends that Plaintiff violated Section ___ of the ________ County Building Code in that they rented the Subject Property without obtaining a Certificate of Occupancy. Therefore any for the Subject Property is not enforceable. Defendant contends that Plaintiff knew that there were problems with the Subject Property, based on the fact that Plaintiff had in fact _______________________________ for a development of condominiums to be built on the site of the Subject Property. Defendant also contends that they were justified in vacating the Subject Property under the legal doctrine of constructive eviction. Defendant further asserts several other affirmative defenses including breach of an express covenant of the lease agreement by Plaintiff, and failure to take reasonable steps to mitigate damages by Plaintiff. To purchase the entire document on which this preview is based visit: http://www.scribd.com/doc/140169659/Sample-Trial-Brief-for- California-Civil-Case To view collections of documents for sale by LegalDocsPro visit http://www.scribd.com/LegalDocsPro/collections - 3 - DEFENDANT’S TRIAL BRIEF
  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 - 4 - DEFENDANT’S TRIAL BRIEF

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