1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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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, ) MOTION FOR NONSUIT
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13 vs. ) TRIAL DATE:
) TIME:
14 Any Defendant, and DOES 1-5 ) DEPT:
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15 Defendants. )
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1 TO _______________________ AND THEIR ATTORNEYS OF RECORD:
2 NOTICE IS HEREBY GIVEN that defendant __________________hereby moves this court
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pursuant to Code of Civil Procedure § 581c for nonsuit in his/her favor LIST HERE THE
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COMPLAINT OF PLAINTIFF, CROSS-COMPLAINANT WHICHEVER IS APPROPRIATE.
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This motion is made on the ground that, as a matter of law, the evidence is insufficient to

7 sustain Plaintiff's burden of proof on the issue that LIST HERE THE LEGAL ISSUE SUCH AS

8 PLAINTIFF LACKS STANDING TO SUE, HAS NOT STATED A VALID CAUSE OF
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ACTION, OR CANNOT SHOW THAT ________ WAS NEGLIGENT IN THEIR
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OPERATION OF THE VEHICLE IN QUESTION, ETC.
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This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
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13 DECLARATION, the supporting memorandum served and filed with this motion, the records and

14 file in this matter, and on such portions of the transcript of the trial and supplemental declarations and
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memoranda that may be filed subsequently in this matter, and on such further oral and documentary
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evidence as may be presented at the hearing of this motion.
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18 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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21 to your particular situation.
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23
Dated________________ _______________________________________________
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ANY ATTORNEY OR PARTY
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26 Note that local rules may require you to serve and file this motion
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28 a certain number of days before the trial date. Be sure to check with

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1 the clerk in the department where the trial will be held before using this
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motion for nonsuit.
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Remember that you cannot move for nonsuit until after plaintiff
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6 has completed their opening statement, or has presented their evidence
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in a jury trial.
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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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1 INTRODUCTION
2 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
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AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC.
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_____________ contends that the court should grant this motion for nonsuit the ground that,
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as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on the issue that

7 LIST HERE THE LEGAL ISSUE SUCH AS PLAINTIFF LACKS STANDING TO SUE, HAS

8 NOT STATED A VALID CAUSE OF ACTION, OR CANNOT SHOW THAT ________ WAS
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NEGLIGENT IN THEIR OPERATION OF THE VEHICLE IN QUESTION, ETC.
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To purchase the entire 13 page document visit:
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14 nonsuit-in-california-under-code-of-civil-procedure-section-581c
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