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Sample California motion for nonsuit

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Information about Sample California motion for nonsuit
Templates & Forms

Published on February 20, 2014

Author: LegalDocsPro

Source: slideshare.net

Description

This sample California motion for nonsuit is made under the provisions of Code of Civil Procedure section 581c on the grounds that as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on certain issues such as plaintiff lacks standing to sue or has not stated a valid cause of action, cannot show that defendant was negligent in their operation of a motor vehicle, etc. The sample motion on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proposed order The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
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2 Any Attorney or Party Any Street Any Town, CA 55555 3 714-555-5555 4 Any Attorney or Party 1 5 6 7 8 Superior Court of the State of California 9 For the County of _________________ 10 11 Any Plaintiff, 12 13 14 15 Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MOTION FOR NONSUIT TRIAL DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit 20 21 22 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before 23 24 25 26 27 using this document. To view details of sample document packages for sale by LegalDocsPro visit http://www.legaldocspro.com/downloads.aspx 28 - 1 -

1 TO _______________________ AND THEIR ATTORNEYS OF RECORD: 2 NOTICE IS HEREBY GIVEN that defendant __________________hereby moves this court 3 4 5 6 7 8 9 10 11 12 13 pursuant to Code of Civil Procedure § 581c for nonsuit in his/her favor LIST HERE THE COMPLAINT OF PLAINTIFF, CROSS-COMPLAINANT WHICHEVER IS APPROPRIATE. This motion is made on the ground that, as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on the issue that LIST HERE THE LEGAL ISSUE SUCH AS PLAINTIFF LACKS STANDING TO SUE, HAS NOT STATED A VALID CAUSE OF ACTION, OR CANNOT SHOW THAT ________ WAS NEGLIGENT IN THEIR OPERATION OF THE VEHICLE IN QUESTION, ETC. This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING 14 DECLARATION, the supporting memorandum served and filed with this motion, the records and file 15 in this matter, and on such portions of the transcript of the trial and supplemental declarations and 16 memoranda that may be filed subsequently in this matter, and on such further oral and documentary 17 18 19 20 21 22 evidence as may be presented at the hearing of this motion. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. 23 24 25 Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY 26 27 28 - 2 -

1 Note that local rules may require you to serve and file this motion 2 3 4 a certain number of days before the trial date. Be sure to check with the clerk in the department where the trial will be held before using 5 6 7 8 9 10 11 this motion for nonsuit. Remember that you cannot move for nonsuit until after plaintiff has completed their opening statement, or has presented their evidence in a jury trial. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -

1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 INTRODUCTION 4 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH 5 6 AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC. _____________ contends that the court should grant this motion for nonsuit the ground that, 7 8 9 10 11 12 as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on the issue that LIST HERE THE LEGAL ISSUE SUCH AS PLAINTIFF LACKS STANDING TO SUE, HAS NOT STATED A VALID CAUSE OF ACTION, OR CANNOT SHOW THAT ________ WAS NEGLIGENT IN THEIR OPERATION OF THE VEHICLE IN QUESTION, ETC. 13 _______ further contends that in the event this motion for nonsuit is granted, this court should 14 state in its order that the motion operates as an adjudication upon the merits pursuant to Code of Civil 15 Procedure § 581c. 16 Be sure to modify these paragraphs to suit your individual 17 18 situation. Do NOT just use the wording here unless it definitely applies 19 20 21 22 to your particular situation. /// /// 23 24 /// 25 /// 26 /// 27 /// 28 - 4 -

1 II. 2 LEGAL ARGUMENT 3 4 5 6 7 8 9 10 A. THIS COURT HAS THE POWER TO GRANT THIS MOTION FOR NONSUIT ON THE GROUNDS THAT THE EVIDENCE IS INSUFFICIENT TO SUSTAIN PLAINTIFF’S BURDEN OF PROOF To view the sample document on which this preview is based visit: http://www.scribd.com/doc/207918327/Sample-California-Motion-forNonsuit-under-Code-of-Civil-Procedure-section-581c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

1 II. 2 LEGAL ARGUMENT 3 4 5 6 7 8 9 10 A. THIS COURT HAS THE POWER TO GRANT THIS MOTION FOR NONSUIT ON THE GROUNDS THAT THE EVIDENCE IS INSUFFICIENT TO SUSTAIN PLAINTIFF’S BURDEN OF PROOF To view the sample document on which this preview is based visit: http://www.scribd.com/doc/207918327/Sample-California-Motion-forNonsuit-under-Code-of-Civil-Procedure-section-581c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

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