This sample California motion for judgment pursuant to Code of Civil Procedure section 631.8 and is used when a party contends that the opposing party has failed to sustain its burden of proof on their claims or defenses. This motion is only for use in a NON-jury or bench trial. The sample on which this preview is based is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
MOTION FOR JUDGMENT
TRIAL DATE:
TIME:
DEPT:
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TO _______________________ AND THEIR ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN that LIST WHETHER PARTY FILING MOTION IS
PLAINTIFF, DEFENDANT, ETC. hereby moves pursuant to Section 631.8 of the Code of Civil
Procedure for judgment in his/her favor on LIST HERE THE PLEADING, CAUSE OF ACTION,
DEFENSE OR LEGAL ISSUE INVOVLED. This motion is made on the grounds that LIST
HERE THE LEGAL GROUNDS SUCH AS THE EVIDENCE IS NOT SUFFICIENT TO
SUSTAIN PLAINTIFF’S BURDEN OF PROOF ON THE ISSUE THAT DEFENDANT WAS
NEGLIGENT IN THE OPERATION OF THE MOTOR VEHICLE IN QUESTION.
This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
DECLARATION, the supporting memorandum served and filed with this motion, the records and
file in this matter, and on such portions of the transcript of the trial and supplemental declarations and
memoranda that may be filed subsequently in this matter, and on such further oral and documentary
evidence as may be presented at the hearing of this motion.
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.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Note that local rules may require you to serve and file this motion
a certain number of days before the trial date. Be sure to check with
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the clerk in the department where the trial will be held before using
this motion for judgment.
Remember that you can only move for judgment AFTER the
opposing party has presented their evidence in a NON-JURY trial.
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
INTRODUCTION
DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC.
_____________ contends that the court should grant this motion for judgment on the grounds
that, as a matter of law, the evidence is insufficient to sustain Plaintiff's burden of proof on the issue
that LIST HERE THE LEGAL ISSUE SUCH AS PLAINTIFF LACKS STANDING TO SUE,
HAS NOT STATED A VALID CAUSE OF ACTION, OR CANNOT SHOW THAT ________
WAS NEGLIGENT IN THEIR OPERATION OF THE VEHICLE IN QUESTION, ETC.
_______ further contends that in the event this motion for judgment is granted, this court
should state in its order that the motion operates as an adjudication upon the merits pursuant to Code
of Civil Procedure § 631.8(c).
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.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/211593678/Sample-California-Motion-
for-Judgment-pursuant-to-Code-of-Civil-Procedure-section-631-8
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