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.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) DISMISSAL FOR DELAY IN PROSECUTION;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF ________;
14 Any Defendant, and DOES 1-5 ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
 1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
3
the matter may be heard in Department ___of the above entitled court, located at
4
____________________________________________, LIST PARTY CAPACITY SUCH AS
5

6
DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above-

7 entitled action as to the LIST WHETHER PLAINTIFF, CROSS-COMPLAINANT, ETC. on the

8 grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE
9
FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE
10
DIRECTLY BELOW:
11
The failure to serve the summons and complaint on _____________ within 2 years pursuant
12

13 to Code of Civil Procedure 583.420(a)(1);

14 FOR FAILURE TO BRING THE CASE TO TRIAL USE THE ONE DIRECTLY
15
BELOW:
16
The failure to bring this action to trial within 3 years pursuant to Code of Civil Procedure
17
583.420(a)(2);
18

19 FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY

20 BELOW:
21
The failure to bring this action to retrial within 2 years after a mistrial, order granting new
22
trial or reversal on appeal pursuant to Code of Civil Procedure 583.420(a)(3).
23
This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
24

25 DECLARATION, and exhibits attached thereto, the supporting memorandum served and filed with

26 this motion, the records and file in this matter, and on such other oral and documentary evidence as
27
may be presented at the hearing of this motion.
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
 1
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION