This sample motion for relief from forfeiture of lease in California is filed pursuant to Code of Civil Procedure Section 1179 on the grounds that the defendant will suffer grave hardship if the motion is not granted and the defendant is forced to vacate. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.

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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 MOTION AND MOTION FOR RELIEF
FROM FORFEITURE DUE TO HARDSHIP;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
_______________
DATE:
TIME:
DEPT:
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Be sure to remove this notice and all other notices before
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NOTICE OF MOTION AND MOTION FOR RELIEF FROM FORFEITURE DUE TO HARDSHIP

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using this document.
TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, AND THEIR
ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon
thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at
________________________ , pursuant to California Code of Civil Procedure Section 1179,
defendant ____________ will and does move this court for an order granting relief from the
forfeiture of the lease declared in the unlawful detainer judgment entered on _______, in favor of
plaintiff, on the ground that defendant will suffer great hardship if not relieved from forfeiture; or in
the alternative for an order staying execution of the judgment pursuant fo California Code of Civil
Procedure Section 918 on the ground defendant will suffer extreme hardship if compelled to vacate
the premises immediately.
This motion will be based on this notice and on the memorandum of points and authorities
served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all
the papers and records of this action and on such other and further oral and/or documentary evidence
as may be presented at the hearing on 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
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NOTICE OF MOTION AND MOTION FOR RELIEF FROM FORFEITURE DUE TO HARDSHIP

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Note that you MUST file and serve this motion at least five (5)
calendar days before the hearing if the motion is personally served, and
ten (10) calendar days before the hearing if the motion is served by mail
inside California.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/223364283/Sample-Motion-for-Relief-
From-Lease-Forfeiture-in-California-under-CCP-section-1179
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NOTICE OF MOTION AND MOTION FOR RELIEF FROM FORFEITURE DUE TO HARDSHIP