Legal Cross Motion Document

LEGAL CROSS MOTION

Court:    Case No.:    Judge:

Movant:    Counsel for Movant:

Respondent:    Counsel for Respondent:

RECITALS

WHEREAS, Movant has filed a motion seeking relief described as: ; and

WHEREAS, Respondent has filed an opposition and a cross-motion asserting alternative relief described as: ; and

WHEREAS, the parties have met and conferred regarding the issues in dispute and seek resolution by the Court on the cross motions and related evidentiary submissions.

NOW, THEREFORE, in consideration of the premises and the representations made herein, the undersigned parties submit this Cross Motion to the Court and state as follows:

1. DEFINITIONS

For purposes of this Cross Motion, the following terms have the meanings set forth below. "Motion" means the initial motion filed by Movant; "Cross Motion" means the relief sought by Respondent in response; "Record" means all pleadings, declarations, exhibits, and admissions properly before the Court.

2. RELIEF REQUESTED

Movant/Respondent (select as appropriate in filings) hereby requests that the Court grant the following relief:

3. STATEMENT OF FACTS

The material facts relevant to the resolution of the cross motions are set forth in the declaration(s) and exhibits attached hereto. Concise statement of undisputed facts:

4. GROUNDS FOR RELIEF

The Cross Motion is based upon the following legal grounds. Each ground constitutes an independent basis for relief and is supported by citation to statutory or decisional authority and the Record.

5. EVIDENCE AND EXHIBITS

The Cross Motion is supported by the following sworn declarations, documentary evidence, and exhibits submitted in support. Each exhibit is incorporated by reference into this filing.

6. PROCEDURAL HISTORY

A summary of relevant procedural events leading to this Cross Motion:

7. MEET AND CONFER / CERTIFICATION

Counsel certifies that the parties conferred in good faith in a reasonable attempt to resolve the issues presented by this Cross Motion prior to filing: I certify the meet and confer occurred.

Date(s) of meet and confer:

8. SERVICE AND NOTICE

All notices, pleadings and correspondence in connection with this Cross Motion should be served upon the following counsel for each party:

9. PROPOSED ORDER

A proposed form of order granting the relief requested is submitted herewith. The proposed order provides specific instructions to the parties and any required timelines.

10. REQUEST FOR ORAL ARGUMENT

Counsel requests oral argument on this Cross Motion: Yes    No    Preferred hearing date (if any):

11. CONCLUSION AND PRAYER FOR RELIEF

For the reasons set forth above and in the accompanying declarations and exhibits, the undersigned respectfully request that the Court grant the Cross Motion and enter an order granting the relief described in Section 2, together with such other and further relief as the Court deems just and proper.

GOVERNING LAW; MISCELLANEOUS

This Cross Motion shall be governed by the laws of the jurisdiction in which the Court sits. The headings in this document are for convenience only and shall not affect interpretation. Each party represents that it has authority to bind the party it purports to represent.

Entire Agreement: This Cross Motion, together with the exhibits and declarations filed herewith, constitutes the entire submission of the parties with respect to the matters set forth herein and supersedes any prior statements or submissions on the same matters.

Severability: If any provision of this Cross Motion is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

Amendments; Waiver: No amendment, modification or waiver of any provision of this Cross Motion shall be effective unless in writing and signed by the party against whom enforcement is sought. The failure of any party to enforce any provision hereof shall not constitute a waiver of future enforcement of that or any other provision.

Counterparts: This Cross Motion may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be deemed binding for all purposes.

CERTIFICATION OF SERVICE

The undersigned certifies that on the date set forth below, a true and correct copy of this Cross Motion, together with supporting declarations and exhibits, was served upon all parties or their counsel of record in accordance with the applicable rules of civil procedure.

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