sample california reply to opposition to motion

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney Any Street Any Town, CA 55555 714-555-5555 Attorney for Plaintiff Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. REPLY TO OPPOSITION TO MOTION _____________________; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this - 1 - REPLY TO OPPOSITION TO MOTION

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This sample California reply to opposition to motion is used when a party has filed any type of motion in California which the other party has opposed, and wants to file and serve a reply to the opposition to their motion. The author is a freelance paralegal who has workedi in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

TRANSCRIPT

Page 1: Sample California reply to opposition to motion

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Any Attorney Any StreetAny Town, CA 55555

714-555-5555

Attorney for Plaintiff

Superior Court of the State of California

For the County of _________________

Any Plaintiff,

Plaintiff,

vs.

Any Defendants, and DOES 1-5, inclusive,

Defendants.

)))))))))))))

Case No.

REPLY TO OPPOSITION TO MOTION _____________________; MEMORANDUM OF POINTS AND AUTHORITIES

DATE:TIME:DEPT:

To subscribe to my FREE California weekly legal newsletter visit

http://www.legaldocspro.net/newsletter.htm and enter your e-mail

address. Be sure to remove this notice and all other notices before

using this document.

Moving Defendants, ___________________, hereinafter referred to as “Moving Defendants”)

herein submit their reply to the Opposition to _____________________________.

- 1 -REPLY TO OPPOSITION TO MOTION

Page 2: Sample California reply to opposition to motion

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Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY

Be sure to modify these paragraphs to suit your individual

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

to your particular situation. Remember that YOUR OPPOSITION

MUST BE SERVED AND FILED AT LEAST FIVE (5) COURT DAYS

BEFORE THE HEARING. Court days means Monday through

Friday, except for Court holidays. You should serve your opposition by

personal delivery or overnight mail. See Code of Civil Procedure

Section 1005 for more details.

- 2 -REPLY TO OPPOSITION TO MOTION

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MEMORANDUM OF POINTS AND AUTHORITIES

I.

STATEMENT OF FACTS

This case arises out of: Add information here to inform the Court of the circumstances of

the particular case, such as relationship between parties, etc.

__ filed their motion for ____________, and on ________ filed and served their opposition to

the motion filed by _________.

II.

ARGUMENT

A.

Add facts in here along with any applicable case law citations, or

statutory authority that will rebut the contentions made in the

opposition to the motion. Do NOT just use the wording in this

paragraph unless it definitely applies to your situation.

B.

III.

CONCLUSION

Based on the foregoing facts, arguments, and points of law, the Court is urged to grant the

motion for ______ filed by _____________.

Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY

- 3 -REPLY TO OPPOSITION TO MOTION

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- 4 -REPLY TO OPPOSITION TO MOTION