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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.
NOTICE OF EX-PARTE APPLICATION AND EX-
PARTE APPLICATION FOR ORDER
DISMISSING FIRST AMENDED COMPLAINT;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________
DATE:
TIME:
DEPT:
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TO :_________________________________ AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
_____________________, will and does move the Court by ex-parte application for an order
dismissing the first amended complaint filed by plaintiff ______________ , pursuant to Code of Civil
Procedure § 581(f)(2) and California Rule of Court 3.1320(h) on the grounds that the demurrer to the
original complaint filed by defendant, _____________________, was sustained with 20 days leave to
amend on _______ and the first amended complaint filed by plaintiff on _______ is identical in
wording to the first amended complaint and that therefore the substance of the first amended
complaint is exactly the same as the original complaint as more fully shown in the declaration of
________ attached hereto and incorporated herein by reference, and that this means that plaintiff has
failed to amend their complaint within the time allowed and therefore the first amended complaint
must be dismissed.
This ex-parte application will be based upon this notice, the memorandum of points and
authorities in support thereof, the files and records of this case, the declaration of ___________, and
such other and further oral and documentary evidence as may be presented at the hearing.
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.
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case involves PROVIDE A BRIEF DESCRIPTION OF CASE SUCH AS THE
EXAMPLE BELOW.
Plaintiff, _____________________(“plaintiff”) filed their original complaint (“complaint”)
on __________. The complaint has ____ causes of action. See the original complaint on file with
the court.
Defendant, ________________ (“defendant”) demurred both generally and specially to the
tenth cause of action for fraud of the original on the grounds that it failed to state sufficient facts to
constitute a cause of action as it fails to allege the required elements and also failed to specifically
allege how, when, where, to whom, and by what means the intentional representations were tendered,
and also that it was uncertain as it alleges only conclusions and fails to directly allege the material
facts with enough clearness and precision so that nothing is left to surmise.
Defendant, ____________also concurrently filed a motion to strike the complaint in its
entirety on the grounds that that it was a sham pleading only filed to exert pressure on defendant
________ by attempting to impose personal liability on them to extract a settlement and that the
complaint failed to allege sufficient facts to entitle them to an award of punitive and exemplary
damages and that the alter ego allegations that appear throughout the complaint….
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https://www.scribd.com/doc/302868264/Sample-Ex-Parte-
Application-to-Dismiss-Complaint-in-California
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