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Fill and Sign the Defendants Names Form

Fill and Sign the Defendants Names Form

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-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 (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 ) CASE NO.: _______ Plaintiffs ) ) v ) ) DEFENDANT(S) NAMES ) Defendants ) ) --------------------------------------------------------- MOTION FOR ___, DECLARATION OF __, MEMORANDUM OF POINTS AND AUTHORITIES Date: ______ Time: ______ Place: ______ Trial Date: _____ To __________ [name], __ ________ [plaintiff or defendant], and to _________ [name], __________ [his or her or its] attorney of record: PLEASE TAKE NOTICE that on __________ [date], at __________ [time], or as soon thereafter as the matter can be heard, in _________ _ [Department or Division] __ of the above -entitled court, located at __________ [location of courthouse], [plaintiff or defendant] will -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 move the court for an order__________ [pursuant to section 397 of the Code of Civil Procedure, transferring the case to another court having jurisdiction or as the case may be] . The motion will be made on the grounds that __________ [state grounds, for example, (1) there is reason to believe that an impartial trial cannot be had in this court, and (2) the convenience of witnesses and the ends of justice would be promoted by the transfer]. The motion will be based on this notice of motion, on the attached memorandum of points and authorities, on the attached declaration of __________ [name], and on all the papers, pleadings, and records on file in this action. DECLARATION OF ____ I, ______ ____ [name], declare: __________ [Identify declarant and state relationship to action, for example, I am the defendant in the above -entitled action.] __________ [In this and succeeding numbered paragraphs, state facts within personal knowledge of declara nt which support issuance of the order sought.] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATE: ____________________ ____________________ (Signature) -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 MEMO RANDUM OF POINTS AND AUTHORITIES STATEMENT OF FACTS __________ [In this and subsequent paragraphs, set forth a concise statement of the case, stating all facts relevant to the issues raised by the motion]. I. __________ [Set forth a brief statement, in the form of a heading, of the first argument in support of the motion]. __________ [In this and subsequent paragraphs, set forth the substance of the first argument in support of the motion, giving a concise sta tement of the law and evidence relied on, and a discussion of the statutes, cases, and textbooks cited in support of position advanced]. II. __________ [Set forth a brief statement, in the form of a heading, of the second argument in support of the motio n]. __________ [In this and subsequent paragraphs, set forth the substance of the second argument in support of the motion, giving a concise statement of the law and evidence relied on, and a discussion of the statutes, cases, and textbooks cited in suppo rt of position advanced]. __________ [Set forth additional arguments in support of the motion, beginning each additional argument with a numbered heading followed by paragraphs setting forth the substance of the argument]. -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 CONCLUSION __________ [Set f orth conclusion, such as: Based on the reasons set forth above, ______ (plaintiff or defendant) respectfully requests that the court grant __________ (plaintiff's or defendant's) motion for __________ (specify order sought by motion)]. DATE: ____________ ________ ____________________ (Signature) Attorney for ______________ [party] [Attach declarations, exhibits, other supporting papers, and proof of service]

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