This sample California demurrer to a fraud complaint is made under Code of Civil Procedure section 430.10(e) on the grounds that the fraud cause of action fails to state facts sufficient to constitute a cause of action for fraud in that it does not meet the particularity requirements for a fraud cause of action.
The sample on which this preview is based is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample is sold on scribd.com by LegalDocsPro.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample demurrer for another action pending in CaliforniaLegalDocsPro
This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to demurrer for californiaLegalDocsPro
This sample opposition to demurrer for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
This sample declaration for California can be modified for use in any case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample meet and confer declaration for motion to strike in California LegalDocsPro
This sample meet and confer declaration for a motion to strike in California is filed under Code of Civil Procedure § 435.5(a) to demonstrate compliance with the new meet and confer requirements before a motion to strike can be filed that became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample ex parte application to advance hearing date for demurrer in californiaLegalDocsPro
This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. This sample can be modified for most situations. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations, a sample declaration regarding ex-parte notice and proposed order. 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
Sample verified complaint for financial elder abuse in CaliforniaLegalDocsPro
This sample verified complaint for financial elder abuse in California contains a cause of action for financial elder abuse under Welfare and Institutions Code section 15610.30 as well as causes of action for fraud, quiet title, cancellation of written instrument and constructive trust. The sample complaint on which this preview is based requests attorney's fees and costs as well as punitive and exemplary damages under Welfare and Institutions Code section 15657.5, is 13 pages and includes brief instructions and a sample verification.The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample demurrer for another action pending in CaliforniaLegalDocsPro
This sample special demurrer to a complaint for another action pending in California is filed under Code of Civil Procedure section 430.10(c) on the grounds that another action is pending between the parties on the same causes of action contained in the complaint. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample request for judicial notice, sample declaration regarding compliance with Code of Civil Procedure section 430.41 and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to demurrer for californiaLegalDocsPro
This sample opposition to demurrer for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
This sample declaration for California can be modified for use in any case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample meet and confer declaration for motion to strike in California LegalDocsPro
This sample meet and confer declaration for a motion to strike in California is filed under Code of Civil Procedure § 435.5(a) to demonstrate compliance with the new meet and confer requirements before a motion to strike can be filed that became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample ex parte application to advance hearing date for demurrer in californiaLegalDocsPro
This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. This sample can be modified for most situations. The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations, a sample declaration regarding ex-parte notice and proposed order. 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
Sample verified complaint for financial elder abuse in CaliforniaLegalDocsPro
This sample verified complaint for financial elder abuse in California contains a cause of action for financial elder abuse under Welfare and Institutions Code section 15610.30 as well as causes of action for fraud, quiet title, cancellation of written instrument and constructive trust. The sample complaint on which this preview is based requests attorney's fees and costs as well as punitive and exemplary damages under Welfare and Institutions Code section 15657.5, is 13 pages and includes brief instructions and a sample verification.The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample ex parte application for continuance of trial date for California evic...LegalDocsPro
This sample ex-parte application for a continuance of trial date in an unlawful detainer (eviction) in California is filed under the provisions of California Rule of Court 3.1332 and Code of Civil Procedure section 1170.5 and contends that a continuance is necessary due to illness of a party or witness or other grounds specified in California Rule of Court 3.1332. The sample on which this preview is based is 15 pages and include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and sample declaration regarding notice of ex-parte hearing and proposed order.
Sample ex parte application for osc for civil contempt in CaliforniaLegalDocsPro
This sample ex parte application for Order to Show Cause for Contempt in California is filed pursuant to Code of Civil Procedure section 1209, et seq., on the grounds that a party has willfully disobeyed an order of the Court, or has otherwise committed indirect contempt. The sample ex parte application also requests the reasonable attorney’s fees and costs incurred with commencing the contempt proceeding pursuant to Code of Civil Procedure section 1218(a). The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, sample declaration regarding ex parte notice, proposed order to show cause, and proposed order re: contempt. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.
Sample California opposition to anti-SLAPP motion LegalDocsPro
This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample 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.
Sample California reply to opposition to motionLegalDocsPro
This document is a sample California reply to an opposition to a motion. This sample is used to reply to an opposition filed to a motion. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion for Family Code section 271 sanctions in CaliforniaLegalDocsPro
This sample motion for Family Code section 271 sanctions in California may be filed in any dissolution (divorce), legal separation or nullity action in California and is designed to be used in conjunction with a Request for Order Judicial Council Form FL-300. The motion is used to request an award of damages and sanctions under Family Code section 271 and 1100, et seq. on the grounds that the conduct of the other party and/or their attorney frustrated any expeditious settlement of the case and caused the moving party to have to incur additional costs and attorney’s fees as a result of the obstreperous conduct. The sample document on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration.
Sample notice of ruling for CaliforniaLegalDocsPro
This sample notice of ruling for California can be modified for use in any litigation case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample opposition to order to show cause for civil contempt in CaliforniaLegalDocsPro
This sample opposition to an order to show cause for civil contempt in California is made on the grounds that (1) the opposing party has not willfully violated the terms of any Court orders, (2) the party charging them with contempt has failed to meet their burden of proving their guilt beyond a reasonable doubt in that they have failed to submit competent evidence that would support a finding that they willfully violated the TRO, which is an essential element of a finding of contempt. The sample opposition also requests that the Court hold a full and fair evidentiary hearing in which they are allowed to confront and cross-examine all witnesses against them. The sample on which this preview is based is 10 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 a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California complaint for quiet titleLegalDocsPro
This sample California complaint for quiet title is verified and also includes causes of action for partition and accounting, and quiet title for California is used when a party wishes to have the Court partition certain real property, and also to quiet title to certain real property as well as obtain an accounting from the defendant. This is a preview of the sample complaint sold by LegalDocsPro.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439(a). This declaration can be used to demonstrate compliance with the new meet and confer requirement before filing a motion for judgment on the pleadings in California that just became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample California motion to vacate default judgment under ccp section 473LegalDocsPro
This sample motion to vacate a default judgment in California on the grounds of mistake, inadvertence, surprise or excusable neglect is made pursuant to Section 473 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample motion for consolidation of cases in CaliforniaLegalDocsPro
This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample motion to vacate stipulation in California divorceLegalDocsPro
This sample motion to vacate stipulation for California dissolution (divorce) case is filed pursuant to Code of Civil Procedure section 473 and Family Code section 210 and is used when a party wishes to have the court vacate a settlement or stipulation entered into on the grounds of mistake, inadvertence, excusable neglect, fraud, mistake of law or fact, where the facts stipulated have changed or there has been a change in the underlying that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation. 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 by mail.
Sample California motion to compel responses to requests for production of do...LegalDocsPro
This sample California motion to compel responses to requests for production of documents is made pursuant to Code of Civil Procedure Section 2031.300(b) and is used when a party has served requests for production of documents special interrogatories but has received NO responses or documents. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and a proof of service by mail.
Sample California complaint to vacate judgmentLegalDocsPro
This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.
Sample California request for production of documents LegalDocsPro
This sample California request for production of documents is sent pursuant to California Code of Civil Procedure section 2031.010, et seq. This sample is used to request an opposing party to produce specified documents that support their claims or defenses.
This is a preview of the sample document sold by LegalDocsPro on scribd.com
Sample motion to dismiss for improper venue under Rule 12(b)(3)LegalDocsPro
This sample motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court contends that the complaint should be dismissed for improper venue as the Defendant is not a resident of, and does not conduct business in, the judicial district, and therefore venue is improper. The sample motion on which this preview is based is 9 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to motion to dismiss under rule 12(b)(6)LegalDocsPro
This sample opposition to a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure was used in an adversary proceeding but can be modified and used in any civil litigation in a Bankruptcy or District Court in ANY state within te jurisdiction of the Ninth Circuit Court of Appeals. This is a preview of the sample document sold on scribd.com by LegalDocsPro. The sample is 10 pages long and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample motion to dismiss adversary complaint under rule12(b)(6)LegalDocsPro
This sample motion to dismiss an adversary complaint for fraud is made under Rule 12(b)(6) on the grounds that the complaint does not state a claim for relief, in the alternative the motion also requests a more definite statement. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample ex parte application for continuance of trial date for California evic...LegalDocsPro
This sample ex-parte application for a continuance of trial date in an unlawful detainer (eviction) in California is filed under the provisions of California Rule of Court 3.1332 and Code of Civil Procedure section 1170.5 and contends that a continuance is necessary due to illness of a party or witness or other grounds specified in California Rule of Court 3.1332. The sample on which this preview is based is 15 pages and include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and sample declaration regarding notice of ex-parte hearing and proposed order.
Sample ex parte application for osc for civil contempt in CaliforniaLegalDocsPro
This sample ex parte application for Order to Show Cause for Contempt in California is filed pursuant to Code of Civil Procedure section 1209, et seq., on the grounds that a party has willfully disobeyed an order of the Court, or has otherwise committed indirect contempt. The sample ex parte application also requests the reasonable attorney’s fees and costs incurred with commencing the contempt proceeding pursuant to Code of Civil Procedure section 1218(a). The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, sample declaration regarding ex parte notice, proposed order to show cause, and proposed order re: contempt. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.
Sample California opposition to anti-SLAPP motion LegalDocsPro
This sample opposition to a special motion to strike or anti-SLAPP motion in California is designed to oppose a special motion to strike on the grounds (1) that it is untimely in that it was filed more than 60 days after service of the summons and complaint in violation of Code of Civil Procedure section 425.16(f); (2) defendant has failed to meet their burden of making a threshold showing that the challenged causes of action are ones arising from protected activity and (3) the motion should be denied as Plaintiff can show a reasonable probability of prevailing on their causes of action. The sample 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.
Sample California reply to opposition to motionLegalDocsPro
This document is a sample California reply to an opposition to a motion. This sample is used to reply to an opposition filed to a motion. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion for Family Code section 271 sanctions in CaliforniaLegalDocsPro
This sample motion for Family Code section 271 sanctions in California may be filed in any dissolution (divorce), legal separation or nullity action in California and is designed to be used in conjunction with a Request for Order Judicial Council Form FL-300. The motion is used to request an award of damages and sanctions under Family Code section 271 and 1100, et seq. on the grounds that the conduct of the other party and/or their attorney frustrated any expeditious settlement of the case and caused the moving party to have to incur additional costs and attorney’s fees as a result of the obstreperous conduct. The sample document on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration.
Sample notice of ruling for CaliforniaLegalDocsPro
This sample notice of ruling for California can be modified for use in any litigation case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample opposition to order to show cause for civil contempt in CaliforniaLegalDocsPro
This sample opposition to an order to show cause for civil contempt in California is made on the grounds that (1) the opposing party has not willfully violated the terms of any Court orders, (2) the party charging them with contempt has failed to meet their burden of proving their guilt beyond a reasonable doubt in that they have failed to submit competent evidence that would support a finding that they willfully violated the TRO, which is an essential element of a finding of contempt. The sample opposition also requests that the Court hold a full and fair evidentiary hearing in which they are allowed to confront and cross-examine all witnesses against them. The sample on which this preview is based is 10 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 a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California complaint for quiet titleLegalDocsPro
This sample California complaint for quiet title is verified and also includes causes of action for partition and accounting, and quiet title for California is used when a party wishes to have the Court partition certain real property, and also to quiet title to certain real property as well as obtain an accounting from the defendant. This is a preview of the sample complaint sold by LegalDocsPro.
Sample meet and confer declaration for motion for judgment on the pleadings i...LegalDocsPro
This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439(a). This declaration can be used to demonstrate compliance with the new meet and confer requirement before filing a motion for judgment on the pleadings in California that just became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a proof of service by mail. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample California motion to vacate default judgment under ccp section 473LegalDocsPro
This sample motion to vacate a default judgment in California on the grounds of mistake, inadvertence, surprise or excusable neglect is made pursuant to Section 473 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample motion for consolidation of cases in CaliforniaLegalDocsPro
This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample motion to vacate stipulation in California divorceLegalDocsPro
This sample motion to vacate stipulation for California dissolution (divorce) case is filed pursuant to Code of Civil Procedure section 473 and Family Code section 210 and is used when a party wishes to have the court vacate a settlement or stipulation entered into on the grounds of mistake, inadvertence, excusable neglect, fraud, mistake of law or fact, where the facts stipulated have changed or there has been a change in the underlying that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation. 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 by mail.
Sample California motion to compel responses to requests for production of do...LegalDocsPro
This sample California motion to compel responses to requests for production of documents is made pursuant to Code of Civil Procedure Section 2031.300(b) and is used when a party has served requests for production of documents special interrogatories but has received NO responses or documents. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and a proof of service by mail.
Sample California complaint to vacate judgmentLegalDocsPro
This sample California complaint to set aside and vacate a judgment is a collateral attack on a judgment also known as an independent action in equity to vacate a judgment. The sample on which this preview is based is 7 pages and contains brief instructions and two causes of action (1) to set aside and vacate the judgment on the grounds of lack of personal jurisdiction due to defective and invalid service of process, and (2) to set aside and vacate the judgment on the grounds that it was procured through extrinsic fraud or mistake.
Sample California request for production of documents LegalDocsPro
This sample California request for production of documents is sent pursuant to California Code of Civil Procedure section 2031.010, et seq. This sample is used to request an opposing party to produce specified documents that support their claims or defenses.
This is a preview of the sample document sold by LegalDocsPro on scribd.com
Sample motion to dismiss for improper venue under Rule 12(b)(3)LegalDocsPro
This sample motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court contends that the complaint should be dismissed for improper venue as the Defendant is not a resident of, and does not conduct business in, the judicial district, and therefore venue is improper. The sample motion on which this preview is based is 9 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to motion to dismiss under rule 12(b)(6)LegalDocsPro
This sample opposition to a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure was used in an adversary proceeding but can be modified and used in any civil litigation in a Bankruptcy or District Court in ANY state within te jurisdiction of the Ninth Circuit Court of Appeals. This is a preview of the sample document sold on scribd.com by LegalDocsPro. The sample is 10 pages long and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample motion to dismiss adversary complaint under rule12(b)(6)LegalDocsPro
This sample motion to dismiss an adversary complaint for fraud is made under Rule 12(b)(6) on the grounds that the complaint does not state a claim for relief, in the alternative the motion also requests a more definite statement. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample motion for cost of proof sanctions in CaliforniaLegalDocsPro
This sample motion for cost of proof sanctions is filed under Code of Civil Procedure section 2033.420(a) on the grounds that the other party denied the truth of certain matters specified in requests for admission and the moving party proved the truth of said matters at the trial. The motion requests sanctions including attorney's fees and all other costs associated with proving the truth of the matters that were denied by the other party. The sample on which this preview is based includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample opposition to motion to vacate in California with an attorney affidavi...LegalDocsPro
This sample opposition to California motion to vacate judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473(b) on several grounds including that the motion is untimely, does not include the required attorney affidavit of fault, the attorney is covering up for the client and other grounds. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Sample opposition to motion to enforce settlement agreement in CaliforniaLegalDocsPro
This sample opposition to motion to enforce a settlement agreement in California is filed on the grounds that (1) the settlement agreement is not valid as the parties did not agree to all the material terms; (2) the settlement agreement was not signed by all the parties nor was it made orally before the court, thus the settlement agreement does not comply with Code of Civil Procedure section 664.6, and (3) the dismissal with prejudice of the lawsuit by the moving party has deprived the Court of subject matter jurisdiction. The sample 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.
Sample trial brief for California civil caseLegalDocsPro
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.
Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...LegalDocsPro
This sample motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure is made on the same grounds as a motion to dismiss but may be filed even after an answer to a complaint has been filed. This is a preview of the sample motion sold by LegalDocsPro on scribd.com
Sample ex parte application to dismiss complaint in californiaLegalDocsPro
This sample exparte application to dismiss a complaint in California is designed to be used by a defendant to request that the court dismiss a complaint when a demurrer to the complaint has been sustained with leave to amend and the plaintiff fails to amend within the time allowed. The sample is made pursuant to the provisions of Code of Civil Procedure section 581(f)(2) and California Rule of Court 3.1320(h). The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration in support of the exparte application, sample declaration regarding exparte notice and an order granting the exparte application to dismiss the complaint. 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.
Sample motion to disclose confidential informant for CaliforniaLegalDocsPro
This sample motion to disclose confidential informant in California is used to request that the Court order that the identity of a confidential informant on the grounds that the informant is a material witness in that they were a participant in the crime and an eyewitness to it so they can testify regarding defendant’s guilt or innocence. 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 by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.
Sample California motion for attorney fees after judgmentLegalDocsPro
This sample motion for attorney fees after judgment in California is used to request an award of attorney's fees and costs after judgment. The sample can be modified for use in most situations. 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, a sample declaration and proof of service by mail.
Sample motion to strike punitive damages in californiaLegalDocsPro
This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. 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 and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample opposition to motion for terminating sanctions in CaliforniaLegalDocsPro
This sample opposition to a motion for terminating sanctions in California is filed on the grounds that the opposing party has complied with all discovery orders. The sample opposition requests sanctions against the moving party for filing the motion without good cause, 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.
Sample motion to vacate judgment for fraud on the court under rule 60(d)(3)LegalDocsPro
This sample motion to vacate a judgment for fraud on the Court is made pursuant to Rule 60(d)(3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court, The sample can be used in any Distsrict Court within the jurisdiction of the Ninth Circuit Court of Appeals. The sample on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.
Sample California motion to vacate default judgment for extrinsic fraud or mi...LegalDocsPro
This sample motion to vacate a California default judgment on the grounds of extrinsic fraud or mistake is made under the inherent equitable power of a California Court to vacate a judgment obtained through extrinsic fraud or mistake. This is a preview of the sample motion sold by LegalDocsPro.
Sample notice of unavailability of counsel for CaliforniaLegalDocsPro
This sample notice of unavailability of counsel for California is used to notify opposing counsel or the opposing party of the unavailability of counsel during a specified period of time for any court hearings or depositions, etc. This notice is served pursuant to the California Court of Appeal decision in Tenderloin Housing Clinic, Inc. v. Sparks, 8 Cal. App. 4th 299, 307 (1992). The sample includes brief instructions and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion to correct clerical error in California judgmentLegalDocsPro
This sample motion to correct a clerical error in a California judgment by amending the judgment is filed pursuant to the provisions of Code of Civil Procedure section 473(d). The motion requests that the judgment be amended nunc pro tunc on the grounds that their clerical error has caused the judgment that was actually entered to not accurately reflect the outcome indicated when the judgment was originally declared. The sample on which this preview is based is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority; sample declaration, proposed order and proof of service by mail.
Sample special motion to strike for CaliforniaLegalDocsPro
This sample special motion to strike for California is also known as an anti-SLAPP motion and is made pursuant to Code of Civil Procedure section 425.16 on the grounds that the lawsuit filed against the defendant or cross-defendant be stricken as it is a SLAPP suit and that the lawsuit arises from an act or acts of the defendant in furtherance of the their right of petition or free speech under the United States or California Constitution in connection with a public issue. The term SLAPP is an acronym for a strategic lawsuit against public participation. The sample on which this preview is based is 12 pages and includes brief instructions, memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample opposition to rule 56 motion in united states district courtLegalDocsPro
This sample opposition to a Rule 56 Motion for Summary Judgment in United States District Court is used by a party who wishes to oppose the motion on the grounds that triable issues of material fact exist. The sample includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, and a separate statement of undisputed material facts. This is a preview of the sample sold by LegalDocsPro.
Sample motion to amend judgment to add alter ego as judgment debtor in United...LegalDocsPro
This sample motion to amend a judgment to add an alter ego as a judgment debtor in United States District Court is filed pursuant to Rule 69(a) of the Federal Rules of Civil Procedure and California Code of Civil Procedure section 187 on the grounds of alter ego liability in that there is such as unity of interest and ownership between the corporation and the shareholder who is its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and that failure to do would sanction fraud or promote injustice. The sample 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.
Sample motion for relief from forfeiture of lease in CaliforniaLegalDocsPro
This sample motion for relief from forfeiture of lease in
California is filed pursuant to Code of Civil Procedure Section 1179 on the grounds that the defendant will suffer grave hardship if the motion is not granted and the defendant is forced to vacate. 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 by mail.
Similar to Sample california demurrer to fraud complaint (20)
Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...LegalDocsPro
This sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction is filed pursuant to the Bankruptcy Court's contempt authority under § 105(a) of the United States Bankruptcy Code. The motion is designed to be filed by a Debtor against a Creditor that has willfully violated the Bankruptcy Discharge Injunction such as filing a State Court lawsuit after receiving notice that the Debtor has been granted a discharge. The motion requests that the Creditor be held in contempt and requests actual damages, emotional distress damages, punitive damages and attorney's fees and costs. The sample motion on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to Case law from the Ninth Circuit Court of Appeals, Bankruptcy Appellate Panel and the United States Bankruptcy Code , sample declarations for the Debtor and the Attorney for the Debtor, sample Request for Judicial Notice and sample Proposed Order Re: Contempt The sample motion is in Microsoft Word format and can be easily modified for most situations. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to motion for new trial in United States District CourtLegalDocsPro
This sample opposition to a motion for a new trial in United States District Court is filed on the grounds that (1) the motion is untimely pursuant to Federal Rule of Civil Procedure 59(b) in that it was filed more than 28 days after entry of judgment, the moving party has failed to meet their burden of showing that (2) the verdict is contrary to the clear weight of the evidence, (3) is based upon false or perjurious evidence, (4) a new trial is necessary to prevent a miscarriage of justice and (5) newly discovered evidence that could not have been discovered earlier with due diligence and the newly discovered evidence is of such magnitude that production of it earlier would likely have changed the outcome of the case. The sample on which this preview is based is 10 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 retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample notice of change of address for California civil caseLegalDocsPro
This sample notice of change of address for a California civil case is used pursuant to the provisions of California Rule of Court 2.200 which requires every attorney or party whose mailing address, telephone number, fax number, or e-mail address, if one was provided, changes while an action is pending must serve on all parties and file a written notice of the change. The sample is in Microsoft Word format and can be easily modified. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample notice of change of address for California divorceLegalDocsPro
This sample notice of change of address for a California divorce is used under the provisions of California Rule of Court 2.200 which requires every attorney or party whose mailing address, telephone number, fax number, or e-mail address, if one was provided, changes while an action is pending must serve on all parties and file a written notice of the change. The sample is in Microsoft Word format and can be easily modified. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample stipulation and order to appoint discovery referee in CaliforniaLegalDocsPro
This sample stipulation and order to appoint a discovery referee in California is used pursuant to Code of Civil Procedure section 638 to appoint a discovery referee to set the date, time and place for all hearings determined by the referee to be necessary, to direct the issuance of subpoenas, to preside over hearings, to take evidence, and to rule on objections, motions, and other requests made during the course of the hearing. The sample stipulation and order is 3 pages and includes brief instructions. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion to vacate default under Rule 55(c) in United States District CourtLegalDocsPro
This sample motion to vacate a default under Rule 55(c) in United States District Court is used when a default has been entered but no judgment. The sample motion is used by a defendant to request that the Court vacate an entry of default against them for good cause. The sample on which this preview is based is 10 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 worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
This sample request for entry of default under Rule 55(a) in United States District Court is filed pursuant to Rule 55(a) of the Federal Rules of Civil Procedure to request that the clerk enter the default of a defendant or defendants that have been properly served and have failed to plead or otherwise respond within the time limit allowed under Rule 12 of the Federal Rules of Civil Procedure. The sample is 6 pages and includes brief instructions, a sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample opposition to request for domestic violence restraining order in Calif...LegalDocsPro
This sample opposition to request for domestic violence restraining order in California is used to oppose a request for a domestic violence restraining order in California on the grounds that (1) the Petitioner has failed to meet their burden of showing reasonable proof of a past act or acts of abuse as required by California law and (2) the conduct of the opposing party does not constitute domestic violence and the law in California clearly states that the purpose of a domestic violence restraining order namely Family Code § 6300 is to prevent a recurrence of domestic violence and to ensure a period of separation of the parties involved. The sample on which this preview is based is 13 pages and contains 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 retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion for substitution of plaintiff in United States District CourtLegalDocsPro
This sample motion for the substitution of a Plaintiff in United States District Court is filed under Federal Rule of Civil Procedure 25(a)(1) on the grounds that the Plaintiff has died and that a specified person is the proper party as either the executor or administrator of the decedent's estate, the sole trustee of the decedent's Trust, the sole beneficiary and distributee of the trust, or as the personal representative of the decedent's estate. The sample motion on which this preview is based is 12 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 retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
This sample Plaintiffs opposition to a motion for judgment on the pleadings in California is filed on the grounds that (1) the complaint does state valid causes of action and (2) that Defendants demurrer is without merit. The sample opposition on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
California discovery document collection for saleLegalDocsPro
The California discovery document collection contains over 50 documents related to discovery such as special interrogatories, motions to compel, requests for admission and requests for production of documents. The collection sells for only $109.99 which is a discount of over 65% off! All documents include brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration if applicable, and a proof of service by mail. Documents are in Microsoft Word format and can be easily modified for use in most situations.
California unlawful detainer (eviction) document collection for saleLegalDocsPro
Fight eviction in California with the eviction document collection. Are you a California tenant being evicted? Fight back by doing it yourself and save big $$$! LegalDocsPro offers the California unlawful detainer (eviction) document collection that contains over 30 documents including an answer, demurrer, motion to quash service, motion to strike, ex-parte motion to vacate judgment, ex-parte motion for stay of execution and more. All documents are in Microsoft Word format and can be modified for use in most situations. The documents have list price of over $375.00 if purchased separately but you can purchase the entire collection for only $84.99 which is a discount of over 65% off! ALL documents have been revised and updated in 2017.
Sample motion for vocational evaluation in California divorceLegalDocsPro
This sample points and authorities in support of a request for order for a vocational evaluation in a California divorce is filed pursuant to Family Code section 4331 on the grounds that the supported party has the ability to obtain employment based upon their party's age, health, education, marketable skills, employment history, and the current availability of employment opportunities yet has failed to seek available employment opportunities that would allow them to maintain herself or himself at the marital standard of living.
The sample motion on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.
This sample student loan debt validation letter is designed to be sent to any debt collector or collection agency that sends a letter threatening collection action on student loan debt. The sample letter is 3 pages and includes a formal demand for (1) an opportunity to view all purported loan documents and a hearing at a location close to the debtor's home under the provisions of Title 31 U.S.C. § 3720D and (2) several categories of documents including all documents showing the "chain of title" for any promissory notes alleged to have been signed by the debtor. 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample agreement for debt settlement is designed to be used when a debt buyer plaintiff and a defendant have reached an agreement to settle a disputed debt. 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.
Sample motion for sanctions under Code of Civil Procedure section 128.5 in ca...LegalDocsPro
This sample motion for sanctions under Code of Civil Procedure section 128.5 in California is filed on the grounds that another party has engaged in bad faith actions or or tactics that are frivolous or solely intended to cause unnecessary delay such as filing numerous frivolous motions or complaints. The sample 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion to substitute plaintiff in CaliforniaLegalDocsPro
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
Sample petition for final distribution for probate in CaliforniaLegalDocsPro
This sample petition for final distribution in a probate case in California is filed to request that the Court make an order of final distribution and approve the statutory compensation for the personal representative and their attorney. The sample petition on which this preview is based is 18 pages and includes brief instructions, a sample summary of account, sample exhibits to support the summary of account and a sample verification. 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.
Sample notice of voluntary dismissal under Rule 41 in United States District ...LegalDocsPro
This sample notice of voluntary dismissal under Rule 41(a)(1)(A)(i) in United States District Court can be used a by a plaintiff to dismiss their case before a defendant has filed an answer or motion for summary judgment. The sample includes brief instructions and a 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. Note that the author is NOT an attorney and no guarantee or warranty is provided.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
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 Defendant
Any Street
Any Town, CA 55555
714-555-5555
Defendant, In Pro Per
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 DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF POINTS AND
AUTHORITIES
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. Be sure to remove this notice before using this document.
To download and purchase the entire sample document visit:
http://www.scribd.com/doc/47705170/Sample-Demurrer-to-Fraud-
Complaint-for-California
1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
- 1 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
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 ___________. in Department ___of
the above entitled court, located at ____________________________________________,
Defendant, _________________________, will and hereby does move the Court for an order
sustaining general demurrers to the second and third causes of action in Plaintiff’s Complaint.
This demurrer is made pursuant to California Code of Civil Procedure § 430.10(e) on the
grounds that the second and third causes of action fail to state sufficient facts to constitute causes of
action.
This demurrer is based upon this notice, the attached demurrer, the attached memorandum of
points and authorities, 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 DEMURRER AND DEMURRER TO COMPLAINT
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
DEMURRER TO PLAINTIFF’S COMPLAINT
Defendant, __________________________ (“Defendant”) hereby generally demurs to the
second and third causes of action in Plaintiff’s Complaint as follows:
SECOND CAUSE OF ACTION
1. Defendant generally demurs to the second cause of action for fraud on the ground that
it fails to state facts sufficient to constitute a cause of action for fraud. Code of Civil Procedure §
430.10(e).
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.
DATED: _____________________ _____________________________________________
Any Attorney or Party
- 3 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
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
MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
Plaintiff, ______________________(“Plaintiff ) filed their complaint against
Defendant, _____________________ (“Defendant”). The complaint has five causes of action, (1)
Conversion; (2) Fraud; (3) Fraud; (4) Breach of Contract-Promissory Note and (5) Money Had and
Received.
Defendant contends that the second and third causes of action for Fraud fail to state facts
sufficient to constitute causes of action for fraud in that they fail to allege the required elements of
fraud with the required specificity, and that the second cause of action for Fraud by False Promises
fails to allege any additional damages caused by any reliance of Plaintiff’s on any alleged false
promises made by Defendant.
For these reasons, this demurrer should be granted in its entirety.
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.
ARGUMENT
A. THE COURT IS AUTHORIZED TO GRANT THIS DEMURRER
Code of Civil Procedure § 430.10 states, in pertinent part:
- 4 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
5. 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
“The party against whom a complaint or cross-complaint has been filed may object, by
demurrer or answer as provided in section 430.30, to the pleading on any one or more of the
following grounds...(e) the pleading does not state facts sufficient to constitute a cause of action. (f)
The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and
unintelligible. (g) In an action founded upon a contract, it cannot be ascertained from the pleading
whether the contract is written, is oral, or is implied by conduct.”
The failure of the pleading to state a cause of action results from the fact that the complaint
appears deficient on the face of the pleading or from judicially noticed matter. Hall vs. Chamberlin,
(1948) 31 Cal.2d 673, 679-680. Thus, the Court is authorized to grant this demurrer.
B. THE SECOND AND THIRD CAUSES OF ACTION FOR FRAUD FAIL TO STATE
FACTS SUFFICIENT TO CONSTITUTE CAUSES OF ACTION FOR FRAUD IN THAT
THEY FAIL TO ALLEGE THE REQUIRED ELEMENTS OF FRAUD WITH THE
REQUIRED SPECIFICITY, AND THE SECOND CAUSE OF ACTION FAILS TO ALLEGE
ANY DAMAGES THAT SPECIFICALLY RESULTED FROM ANY ALLEGED FALSE
PROMISES
Defendant generally demurs to the second and third causes of action for Fraud on the ground
that they fail to state facts sufficient to constitute a cause of action for Fraud in that they fail to allege
the required elements of fraud with the required specificity.
1 “A complaint for fraud must allege the following elements: (1) a knowingly false
representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by
the plaintiff; and (4) resulting damages. Every element must be specifically pleaded.” Service by
Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816.
If you like this sample document visit the Facebook page for
- 5 -
NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT