Sample Motion for Summary Judgment

Sample Only – for California
Use At your Own Risk
(Name, Address Of Party or attorney)
____________
____________
____________
State Bar No: ______
(____) _____ – ________
Attorney for _______ (Or “In Pro Per”)

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

COUNTY OF ________ 

[PLAINTIFF(S) NAMES]
Plaintiffs,
v.

 [DEFENDANT(S) NAMES]

Defendants
 
 

________________________________

) 
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CASE NO: _______
 
NOTICE OF MOTION FOR SUMMARY JUDGMENT
 
Date: ______
Time: ______
Place: ______
Trial Date: _____

To all parties and their attorneys of record:

PLEASE TAKE NOTICE that on __________ [date], at __________
[time], or as soon thereafter as the matter can be heard in
__________ [specify court including department number, if
applicable], at __________ [location of court], __________ [status
of moving party], __________ [name of moving party], will and does
move this Court for summary judgment in favor of __________ [status
of moving party], and against __________ [status of opposing
party], __________ [name of opposing party]. This motion is made
pursuant to Code of Civil Procedure section 437c, on the grounds
that __________ [there is no defense to the action or the action
has no merit], there is no triable issue as to any material fact,
and that __________ [status of moving party], __________ [name of
moving party], is entitled to a judgment as a matter of law.

This motion will be based on __________ [specify papers on
which motion is based, for example: the memorandum of points and
authorities filed with this motion, the Separate Statement of
Undisputed Material Facts of __________ (status of moving party),
and the declarations of __________ (names of declarants), filed
with this motion].

Dated __________.

___________________________
[Signature]
Attorney for __________

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