You are on page 1of 3

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 _________________

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) MOTION IN LIMINE
)
13 vs. ) TRIAL DATE:
) TIME:
14 Any Defendant, and DOES 1-5 ) DEPT:
)
15 Defendants. )
)
16 )
)
17 )
)
18 )

19
To subscribe to my FREE weekly legal newsletter visit
20

21 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail


22
address.
23

24 To download and purchase a California eviction document


25
collection containing over 30 sample documents including this sample
26

27 motion in limine and many more at a huge discount visit:


28

- 1 -
1 http://legaldocspro.net/california-eviction-litigation-document-package/
2

3
Be sure to remove this notice and all other notices before
4
using this document.
5

6
TO _______________________ AND THEIR ATTORNEYS OF RECORD:

7 NOTICE IS HEREBY GIVEN that defendant __________________will in limine move the


8
court and hereby does move, for an order excluding from trial all evidence submitted by plaintiff
9
_________. The motion will be heard on _________ at ____.M, or as soon thereafter as the matter
10

11
may be heard in Department __ of the Superior Court of California, County of ________ located at

12 ______________________________________________. The motion will be brought pursuant to

13 Evidence Code 353 and 400 et seq., Code of Civil Procedure 128(a)(3)(8), and all related
14
decisional law and is brought on the grounds that the unlawful detainer complaint fails to disclose the
15
reason why or how plaintiff supposedly complied with Civil Code 2932.5, 2924 and 2934a; and
16
accordingly the complaint fails to state a claim for which relief may be granted, and thus there remain
17

18 no issues of fact for which relevant evidence might be adduced at trial. More importantly, it is

19 acknowledged that banks, lenders and third party buyers have a secured interest in deed which was
20
assigned and recorded as mandated by Civil Code 2932.5. In this case, plaintiff did not have the
21
power of sale as mandated by Civil Code 2924 because there is no evidence that the secured interest
22
of the current beneficiary has been properly acknowledged and recorded as required by California
23

24 law.

25 The motion is based on the declarations of _________________ and exhibits attached thereto,
26
the memorandum of points and authorities accompanying this motion, on the papers and records on
27

28

- 2 -
1 file herein, and on such oral and documentary evidence as may be presented at the hearing of this
2 motion.
3
Be sure to modify these paragraphs to suit your individual
4

5 situation. Do NOT just use the wording here unless it definitely applies
6

7
to your particular situation.
8 Dated________________ _______________________________________________
9
ANY ATTORNEY OR PARTY

10

11
Note that local rules may require you to serve and file this motion
12
a certain number of days before the trial date. Be sure to check with
13

14 the clerk in the department where the trial will be held before using this
15
motion in limine.
16

17 To purchase the entire 20 page document visit:


18

19
https://legaldocspro.myshopify.com/products/sample-motion-in-limine-
20
for-eviction-after-foreclosure-in-california
21

22

23

24

25

26

27

28

- 3 -