Fill and Sign the Lebbos V State Bar 1991 Supreme Court of California Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (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) ) ---------------------------------------------------------------- EX PARTE APPLICATION FOR ORDERS; DECLARATION RE EX PARTE NOTICE; DECLARATION OF ___ IN SUPPORT OF APPLICATION; MEMORANDUM OF POINTS AND AUTHORITIES; ORDER THEREON Date: ______ Time: ______ Place: ______ Trial Date: _____ APPLICATION Pursuant to __________ [statute], __________ [name], __________ [plaintiff or defendant] in the above-entitled action, applies for an order __________ specify type of order sought]. _____ -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 DECLARATION OF ___ RE NOTICE OF EX PARTE HEARING [EITHER] On __________ [date], at approximately __________ [time], I telephoned __________ [name], attorney for __________ [opposing party], and told __________ [him or her] that on __________ [date], at __________ [time], or as soon thereafter as the matter could be heard, at __________ [location of courthouse], __________ [plaintiff or defendant] would move this court for an order in this action __________ [state type of relief sought]. [OR] On __________ [date], at approximately __________ [time], I telephoned the office of __________ [name], attorney for __________ [opposing party], and requested to speak to __________ [name of attorney]. A person who identified__________ [himself or herself] as __________ [name of attorney]'s secretary informed me that __________ [name of attorney] was not in the office and would not return until __________ [date]. I asked whether there was a number at which I could reach __________ [name of attorney], but was told that__________ [name of attorney] had not left any number. I then requested that the secretary take a message, and told __________ [him or her] that on __________ [date], at __________ [time], or as soon thereafter as the matter could be heard, at __________[location of courthouse], __________ [plaintiff or defendant] would move this court for an order in this action __________ [state type of relief sought]. I requested that __________[secretary] deliver the message to __________ [name of attorney] as soon as possible. [OR] I have not informed, and should not be required to inform, either __________ [name of opposing party], __________ [status] in this action, or __________ [name], attorney of record for __________ [opposing party], of my intention to make this application, for the following reasons: -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 __________ [specify reasons]. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATE: ____________________ ____________________ (Signature) Attorney For Party DECLARATION OF ___ IN SUPPORT OF APPLICATION I, __________ [name],declare as follows:1. I am the attorney for __________ [plaintiff or defendant].2. __________ [In numbered paragraphs, state facts showing right to issuance of order and reasons order should be issued ex parte.] MEMORANDUM 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 statement of the law and evidence relied on, and a discussion of the statutes, cases, and textbooks cited in support of position advanced]. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 II. __________ [Set forth a brief statement, in the form of a heading, of the second argument in support of the motion].__________ [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 support 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]. CONCLUSION __________ [Set forth 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] ORDER Having read and considered the above application, and good cause appearing, IT IS ORDERED that __________ [specify]. -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Dated __________. ______________________________ [Signature of judge] Judge of the _______________ Court