1

Any Party or Attorney

2 Any Street
Any Town, CA
3 Telephone: 555-555-5555
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5 Any Attorney or Party

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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8 COUNTY OF _____________________________
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11 Any Plaintiff, CASE NO.

12 Plaintiff, NOTICE OF MOTION AND MOTION
13 FOR SUMMARY JUDGMENT
v.
14 [Filed concurrently with Memorandum of
Any Defendants,; and DOES 1 10, Points and Authorities; Separate Statement
15 inclusive, of Undisputed Material Facts; Declarations
16 of _______________ and ______; Exhibits;
Defendants [Proposed] Order; and Proof of Service]
17
Date:
18 Time:
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Dept.:
Judge:
20

21
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 1 Be sure to remove these notices before using this document.
2
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
3

4
PLEASE TAKE NOTICE that PLEASE TAKE NOTICE THAT on ____________________,

5 at ________, or as soon after that as the matter can be heard, in Dept. _______of the above-entitled
6 Court located at ______________________________________, Defendant,___________________
7
will move this court pursuant to Code of Civil Procedure 437c for an order granting Plaintiffs
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motion for summary judgment on the grounds that there are no triable issues of material fact and thus
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Plaintiff is entitled to judgment as a matter of law.
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11 This motion is based upon this notice, on the attached memorandum of points and authorities,

12 the separate statement of undisputed material facts, on the attached declaration(s), on the attached
13
exhibits, and upon such oral and documentary evidence as may be presented to the Court by
14
Defendant at the time of the hearing.
15
NOTE THAT YOU CANNOT FILE THIS MOTION UNTIL AT LEAST 60
16

17 CALENDAR DAYS HAVE PASSED SINCE THE DEFENDANT FILED AN ANSWER OR

18 OTHERWISE MADE AN APPEARANCE. YOU MUST GIVE AT LEAST 75 CALENDAR

19
DAYS NOTICE OF THE HEARING AND ADD AT LEAST 5 CALENDAR DAYS
20
ADITIONAL TIME FOR SERVICE BY MAIL.
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22
Dated:______________ _____________________________________________
23 ANY ATTORNEY OR PARTY

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 1 TABLE OF CONTENTS
Page
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I. STATEMENT OF FACTS...5
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II. ARGUMENT6
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A. SUMMARY JUDGMENT IS PROPERLY GRANTED WHERE THERE ARE NO
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TRIABLE ISSUES OF MATERIAL FACT AND THE MOVING PARTY IS
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ENTITLED TO JUDGMENT AS A MATTER OF LAW .6
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B. IT IS WELL ESTABLISHED IN CALIFORNIA THAT THE PLEADINGS
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DETERMINE THE SCOPE OF RELEVANT ISSUES ON A SUMMARY
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JUDGMENT MOTION .....9
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C. DEFENDANT MUST NOW PRESENT SPECIFIC FACTS SHOWING THAT A
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TRIABLE ISSUE OF MATERIAL FACT EXISTS IN ORDER TO AVOID
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SUMMARY JUDGMENT AS PLAINTIFF HAS MET THEIR BURDEN ...10
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III. CONCLUSION.11
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summary-judgment-by-plaintiff-in-california
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