Kinsey Law Offices 
Notice Of Motion (General Form)
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Sample Only
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: _______
 
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 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:

1. __________ [Identify declarant and state relationship
to action, for example, I am the defendant in the above-entitled
action.]

2. __________ [In this and succeeding numbered paragraphs,
state facts within personal knowledge of declarant 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.

Dated __________.

 

______________________________
[Signature]

 

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]

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