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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) OPPOSITION TO MOTION TO DISMISS ON THE
) GROUNDS OF AN INCONVENIENT FORUM:
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________;
14 Any Defendant, and DOES 1-5 ) EXHIBITS
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15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
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To subscribe to my FREE weekly legal newsletter visit
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address. Remove this notice and all other notices before using this
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24 document.
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Plaintiff, _________, (Plaintiff) herein submits its opposition to the Motion to Dismiss on
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the grounds of an inconvenient forum filed by defendant _________________, (Defendant)
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OPPOSITION TO MOTION TO DISMISS ON THE GROUNDS OF INCONVENIENT FORUM
1 Plaintiff opposes the Motion to Dismiss on the grounds that the State of California is not an
2 inconvenient forum for the trial of this action, that the Motion has NO sworn declarations by the
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Defendant, and that many of the alleged facts stated in the Motion are false.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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Authorities, the Declaration of _______________ and Exhibits attached thereto, on the complete files

7 and records of this action, and on such other oral and/or documentary evidence as may be presented

8 at the hearing on the Motion.


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DATED: ________________ __________________________________________________
11 ANY PARTY OR ATTORNEY
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OPPOSITION TO MOTION TO DISMISS ON THE GROUNDS OF INCONVENIENT FORUM
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF CASE
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This case arises from a business relationship between Plaintiff _____ and the moving
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Defendant __________.

7 Plaintiff and Defendant entered into a business relationship on or about ______, by

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________________________. State in detail all facts which describe what
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10 agreement was signed, where it was signed, purpose of agreement, etc.


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See the declaration of ______________ and Exhibits attached thereto, which is attached hereto, and
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incorporated herein by reference.
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14 Plaintiff contends that the moving Defendant breached their agreement by failing to comply
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with its terms, made intentional misrepresentations and other allegations. The complaint filed by
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Plaintiff alleges ___ causes of action, (1) _________, (2) ______________ (3) ___________, (4)
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Specific performance, and (5) Claim and delivery. See the complaint on file herein.
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19 Plaintiff and Defendant signed a written Agreement (Agreement) on or about

20 ___________at ________, California. On page ___ at paragraph _____of the Agreement it states
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that the Agreement shall be governed by and construed in accordance with the laws of the State of
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California as an agreement to be made and wholly to be performed therein. See Exhibit ___to the
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declaration of ___________, attached hereto and incorporated herein by reference.
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25 The Motion filed by the moving Defendant has NO sworn declarations submitted in support,

26 yet curiously enough, the Motion alleges that the State of California is an inconvenient forum, and
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that several potential witnesses reside in the State of _____.
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OPPOSITION TO MOTION TO DISMISS ON THE GROUNDS OF INCONVENIENT FORUM
1 Plaintiff contends that paragraph ___ of the Agreement constitutes a mandatory forum
2 selection clause which requires that any litigation concerning the Agreement be heard in California.
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Plaintiff further contends that many of the alleged facts in the Motion are false, such as the
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allegations that ________________. List in detail all of the facts which you allege
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are false.
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Plaintiff also contends that the moving Defendant was physically present at meetings in

9 California every month of the period that Plaintiff and the moving Defendant worked together. See

10 the declaration of _________ and Exhibit __attached thereto which includes copies of the two key
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contracts which were signed while the moving Defendant was physically present in California.
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While the moving Defendant alleges in the Motion several witnesses are residents of
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The State of ________, they have offered no credible evidence to support this statement. Exhibit
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15 ___to the declaration of _________ has a partial list of witnesses who attended meetings with the

16 moving Defendant in California, all of the witnesses listed are residents of California and/or have
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their principal businesses located in California where the meetings took place, which fact clearly
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demonstrates the need for a California forum, based upon the large number of California resident
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witnesses who may be called to appear for depositions and trial, many of whom are senior executives
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21 with California corporations.

22 The claims of the moving Defendant that they did not engage in business in California on
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page __ line _, of the Motion; did not have minimum contacts with California, page __, line __;
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and had no intention to subject themselves to the jurisdiction of California page ___, line __ are
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contradicted by the declaration of _____ and Exhibits A, ____, and ___ attached thereto, attached
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27 hereto and incorporated herein by reference.

28 Plaintiff requests that this Court deny the Motion filed by the moving Defendant, and order

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OPPOSITION TO MOTION TO DISMISS ON THE GROUNDS OF INCONVENIENT FORUM
1 the moving Defendant to answer the complaint within ___ calendar days.
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Be sure to modify these paragraphs to suit your individual
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4 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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7 To purchase the entire 14 page document visit:


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forum
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OPPOSITION TO MOTION TO DISMISS ON THE GROUNDS OF INCONVENIENT FORUM