SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]
- Defendants
-
-
- ________________________________
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- CASE NO: _______
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- 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: _____
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APPLICATION
Pursuant to __________ [statute], __________
[name],
__________ [plaintiff or defendant] in the above-entitled
action, applies for an order __________ [specify type of order
sought].
_____
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: __________ [specify
reasons]. I declare under penalty of perjury under the laws
of the State of California that the foregoing is true and
correct.
Dated __________.
______________________________
[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].
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)].
Dated __________.
______________________________
[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].
Dated __________.
______________________________
[Signature of judge]
Judge of the __________ Court
