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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

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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 TO
vs. ) SUBSTITITE _______ IN PLACE OF DECEASED
13 ) PLAINTIFF, ______________; MEMORANDUM
) OF POINTS AND AUTHORITIES; DECLARATION
14 Any Defendants, and DOES 1-5, inclusive, ) OF ________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 ) RESERVATION NO.
)
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)
19 )
)
20 )

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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______, at _______M., or as soon after that as the matter
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can be heard, in Department ___ of the above-entitled court located at ____________, Plaintiffs,
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__________________; (“Plaintiffs”) will and do move this Court for an order substituting
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__________ in place of Plaintiff, ______________, an individual, pursuant to the provisions of Code

7 of Civil Procedure § 377.31 on the grounds that Plaintiff, _________________________, passed

8 away on _____________, and
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USE THE EXAMPLE BELOW IF YOU ARE THE EXECUTOR OF THE ESTATE OR
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THE TRUSTEE OF THE LIVING TRUST OF THE DECEDENT
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___________ is the Executor of the Estate of ______________________, or the Successor
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13 Trustee of the ____________ Living Trust dated ____________as shown by the declaration of

14 _______________and exhibits attached thereto, concurrently filed and served herewith and
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incorporated herein by reference.
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USE THE EXAMPLE BELOW IF YOU ARE AN HEIR OF THE DECEDENT
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is the successor in interest to ______________, as defined in Code of Civil Procedure §
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19 377.11 and succeed to their interest in the above-entitled proceeding.

20 The motion shall be based on this notice and the attached memorandum of points and
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authorities, the attached declaration of ___________ and Exhibits attached thereto, on the complete
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files and records of this action, and on such other oral and/or documentary evidence as may be
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presented at the hearing on the Motion.
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25 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF
1 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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to your particular situation. Remember that you must serve all parties
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6 and give them at least sixteen (16) Court days notice, plus an additional
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five (5) calendar days if service is by mail. Court days means Monday
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9 through Friday, except for Court holidays. See Code of Civil Procedure
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§ 1005 for more details.
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substitute-a-plaintiff-in-california
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF