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.

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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.
DECLARATION OF ______________
REGARDING COMPLIANCE WITH MEET AND
CONFER REQUIREMENTS OF CODE OF CIVIL
PROCEDURE § 435.5(a)
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You MUST meet and confer at least five (5) days BEFORE your
responsive pleading is due and must file and serve this declaration on
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE

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or before the date your responsive pleading is due. If you comply with
these requirements and the other party refuses to meet and confer in
good faith, Code of Civil Procedure § 435.5(a)(2) specifies that you will
receive an automatic 30-day extension of time to file a responsive
pleading.
To read the entire text of Code of Civil Procedure § 435.5 visit:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=CCP&sectionNum=435.5.
Be sure to remove this notice and all other notices before using
this document.
I, NAME OF PERSON SIGNING DECLARATION, declare as follows:
USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING
1. I am an attorney duly admitted to practice law before the courts of the State of
California and the attorney of record for ___________ in the above-captioned action entitled
__________, now pending before the ________County Superior Court, as case number
_____________.
USE THE WORDING BELOW IF A PARTY IS SIGNING
1. I am the STATE YOUR PARTY CAPACITY in this action. I am over the age of 18
years and have personal knowledge of the facts contained in this declaration, and if called as a
witness, could and would testify competently to the following.
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE

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2. I have personal firsthand knowledge of the facts set forth herein and if called
as a witness I could and would testify competently to the truth of the facts set forth in this declaration.
3. I make this declaration regarding my compliance with the new meet and confer
requirements imposed by Code of Civil Procedure § 435.5(a) before any motion to strike may be filed
with the court.
USE THE FIRST EXAMPLE BELOW IF YOU WERE ABLE TO MEET AND
CONFER BUT WERE UNABLE TO REACH AN AGREEMENT
4. On STATE DATE which was at least five days before any responsive pleading was
due, I conferred by telephone or in person (State whether you conferred by telephone or in
person) with the party or the attorney for the party that filed the pleading namely the LIST HERE
WHETHER COMPLAINT, CROSS-COMPLAINT OR ANSWER to determine whether an can
be reached that would resolve the objections to be raised in the motion to strike that I wanted to file
as to the STATE SPECIFIC OBJECTIONS THAT YOU WANT TO RAISE IN YOUR
MOTION TO STRIKE.
5. I clearly identified the legal support for the alleged deficiencies. However we were
not able to reach an agreement resolving the objections that were to be raised in the motion to strike.
USE THE EXAMPLE BELOW IF THE OTHER PARTY FAILED TO RESPOND TO
YOUR MEET AND CONFER REQUEST OR WOULD NOT MEET AND CONFER IN
GOOD FAITH
STATE NAME OF PARTY OR ATTORNEY THAT YOU ATTEMPTED TO MEET
AND CONFER WITH did not respond to my request to meet and confer or did not otherwise meet
and confer in good faith.
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE

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6. STATE HERE ANY ADDITIONAL FACTS THAT SUPPORT YOUR
COMPLIANCE WITH THE NEW MEET AND CONFER REQUIREMENTS. ATTACH
ANY RELEVANT DOCUMENTS AS EXHIBIT “1”, ETC.
Modify the wording here to fit your particular situation. Do
NOT just use the wording in this paragraph unless it definitely applies
to your situation.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration is executed on ______________,20__ at
______________________,California.
___________________________________________________
NAME OF PERSON SIGNING DECLARATION
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE

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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as:
DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF
CODE OF CIVIL PROCEDURE § 435.5(a) to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at __________,
California with postage thereon fully prepaid. I am readily familiar with the
firm’s practice of collection and processing correspondence for mailing. Under
the practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid at __________, California in the
ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
messenger service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
DATED: ________________
_______________________________________
NAME OF PERSON SERVING DOCUMENTS
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE

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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as:
DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF
CODE OF CIVIL PROCEDURE § 435.5(a) to the following parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at __________,
California with postage thereon fully prepaid. I am readily familiar with the
firm’s practice of collection and processing correspondence for mailing. Under
the practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid at __________, California in the
ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
messenger service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
DATED: ________________
_______________________________________
NAME OF PERSON SERVING DOCUMENTS
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DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENT-MOTION TO STRIKE