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.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR LEAVE
) TO FILE AMENDED ANSWER; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF _____________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
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18
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- 1 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
3
the above entitled court, located at ____________________________________________,
4
Defendant, _________________________, will and hereby does move the Court for leave to file an
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amended Answer in this action.

7 This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the

8 grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND
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THE ANSWER, and the established policy in California liberally permitting amendments at any
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stage of the proceeding.
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This motion is based upon this notice, the attached memorandum of points and authorities, the
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13 Declaration of ____________________ and Exhibits thereto, the records and files of this action, and

14 upon such oral and documentary evidence as may be presented upon the hearing of the motion.
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16
DATED: ___________ _________________________________________________________
17 ANY ATTORNEY OR PARTY
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- 2 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of ____________________________________.
5

6
_____ requests leave of Court to file an amended Answer pursuant to California Code of Civil

7 Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD

8 ALLOW YOU LEAVE TO AMEND THE ANSWER SUCH AS FORMER COUNSEL
9
NEGLECTED TO INCLUDE AN AFFIRMATIVE DEFENSE BASED ON THE STATUTE OF
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LIMITATIONS, and the established policy in California liberally permitting amendments at any
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stage of the proceeding.
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13 ________ has complied with California Rule of Court 3.1324(a)1-3 in that a copy of the

14 proposed Answer is attached as Exhibit “1” to the declaration of ______________.
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The following allegations in the original __________________ are to be deleted;
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1. LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT
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WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR
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19 EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO

20 DELETIONS THEN REMOVE THIS SECTION.
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- 3 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER

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