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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, ) 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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address.
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24 For more information on my California eviction document


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collection containing over 30 sample documents including this sample
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1 http://legaldocspro.net/california-eviction-litigation-document-package/
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Be sure to remove this notice and all other notices before
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using this document.
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TO _______________________ AND THEIR ATTORNEYS OF RECORD:
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NOTICE IS HEREBY GIVEN that defendant __________________hereby moves this court

9 pursuant to Code of Civil Procedure 581c for nonsuit in his/her favor LIST HERE THE

10 COMPLAINT OF PLAINTIFF,
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This motion is made on the ground that, as a matter of law, the evidence is insufficient to
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sustain Plaintiff's burden of proof on the issue that LIST HERE THE LEGAL ISSUE SUCH AS
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PLAINTIFF LACKS STANDING TO SUE, HAS NOT STATED A VALID CAUSE OF
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15 ACTION FOR UNLAWFUL DETAINER, ETC.

16 This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING


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DECLARATION, the supporting memorandum served and filed with this motion, the records and
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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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21 evidence as may be presented at the hearing of this motion.

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Be sure to modify these paragraphs to suit your individual
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24 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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28 Dated________________ _______________________________________________

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1 ANY ATTORNEY OR PARTY
2
Note that local rules may require you to serve and file this motion
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a certain number of days before the trial date. Be sure to check with
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5 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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8 Remember that you cannot move for nonsuit until after plaintiff
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has completed their opening statement, or has presented their evidence
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in a jury trial.
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13 To purchase the entire 15 page document visit:


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https://legaldocspro.myshopify.com/products/sample-motion-
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for-nonsuit-in-eviction-in-california
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