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Any Party or Attorney


2 Any Street
Any Town, CA
3 Telephone: 555-555-5555
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5 Any Attorney or Party


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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8 COUNTY OF _____________________________
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11 Any Plaintiff, CASE NO.


12 Plaintiff, NOTICE OF MOTION AND MOTION
13 FOR SUMMARY JUDGMENT
v.
14 [Filed concurrently with Memorandum of
Any Defendants,; and DOES 1 10, Points and Authorities; Separate Statement
15 inclusive, of Undisputed Material Facts; Declarations
16 of _______________ and ______; Exhibits;
Defendants [Proposed] Order; and Proof of Service]
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Date:
18 Time:
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Dept.:
Judge:
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1 Be sure to remove these notices before using this document.
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that PLEASE TAKE NOTICE THAT on ____________________,

5 at ________, or as soon after that as the matter can be heard, in Dept. _______of the above-entitled
6 Court located at ______________________________________, Defendant,___________________
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will move this court pursuant to Code of Civil Procedure 437c for an order granting Plaintiffs
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motion for summary judgment on the grounds that there are no triable issues of material fact and thus
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Plaintiff is entitled to judgment as a matter of law.
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11 This motion is based upon this notice, on the attached memorandum of points and authorities,

12 the separate statement of undisputed material facts, on the attached declaration(s), on the attached
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exhibits, and upon such oral and documentary evidence as may be presented to the Court by
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Defendant at the time of the hearing.
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NOTE THAT YOU CANNOT FILE THIS MOTION UNTIL AT LEAST 60
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17 CALENDAR DAYS HAVE PASSED SINCE THE DEFENDANT FILED AN ANSWER OR

18 OTHERWISE MADE AN APPEARANCE. YOU MUST GIVE AT LEAST 75 CALENDAR


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DAYS NOTICE OF THE HEARING AND ADD AT LEAST 5 CALENDAR DAYS
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ADITIONAL TIME FOR SERVICE BY MAIL.
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Dated:______________ _____________________________________________
23 ANY ATTORNEY OR PARTY

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1 TABLE OF CONTENTS
Page
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I. STATEMENT OF FACTS...5
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II. ARGUMENT6
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A. SUMMARY JUDGMENT IS PROPERLY GRANTED WHERE THERE ARE NO
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TRIABLE ISSUES OF MATERIAL FACT AND THE MOVING PARTY IS
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ENTITLED TO JUDGMENT AS A MATTER OF LAW .6
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B. IT IS WELL ESTABLISHED IN CALIFORNIA THAT THE PLEADINGS
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DETERMINE THE SCOPE OF RELEVANT ISSUES ON A SUMMARY
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JUDGMENT MOTION .....9
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C. DEFENDANT MUST NOW PRESENT SPECIFIC FACTS SHOWING THAT A
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TRIABLE ISSUE OF MATERIAL FACT EXISTS IN ORDER TO AVOID
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SUMMARY JUDGMENT AS PLAINTIFF HAS MET THEIR BURDEN ...10
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III. CONCLUSION.11
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summary-judgment-by-plaintiff-in-california
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