1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR ORDER DISMISSING
13 vs. ) FIRST AMENDED COMPLAINT; MEMORANDUM
) OF POINTS AND AUTHORITIES; DECLARATION
14 Any Defendant, and DOES 1-5 ) OF __________
)
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
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19

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23 address. Be sure to remove this notice and all other notices before
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 1 TO :_________________________________ AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
3
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
4
_____________________, will and does move the Court by ex-parte application for an order
5

6
dismissing the first amended complaint filed by plaintiff ______________ , pursuant to Code of Civil

7 Procedure 581(f)(2) and California Rule of Court 3.1320(h) on the grounds that the demurrer to the

8 original complaint filed by defendant, _____________________, was sustained with 20 days leave to
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amend on _______ and the first amended complaint filed by plaintiff on _______ is identical in
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wording to the first amended complaint and that therefore the substance of the first amended
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complaint is exactly the same as the original complaint as more fully shown in the declaration of
12

13 ________ attached hereto and incorporated herein by reference, and that this means that plaintiff has

14 failed to amend their complaint within the time allowed and therefore the first amended complaint
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must be dismissed.
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This ex-parte application will be based upon this notice, the memorandum of points and
17
authorities in support thereof, the files and records of this case, the declaration of ___________, and
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19 such other and further oral and documentary evidence as may be presented at the hearing.

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Dated: ________________ __________________________________________
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ANY ATTORNEY OR PARTY
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23 Be sure to modify these paragraphs to suit your individual

24

25 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case involves PROVIDE A BRIEF DESCRIPTION OF CASE SUCH AS THE
5

6
EXAMPLE BELOW.

7 Plaintiff, _____________________(plaintiff) filed their original complaint (complaint)

8 on __________. The complaint has ____ causes of action. See the original complaint on file with
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the court.
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Defendant, ________________ (defendant) demurred both generally and specially to the
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tenth cause of action for fraud of the original on the grounds that it failed to state sufficient facts to
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13 constitute a cause of action as it fails to allege the required elements and also failed to specifically

14 allege how, when, where, to whom, and by what means the intentional representations were tendered,
15
and also that it was uncertain as it alleges only conclusions and fails to directly allege the material
16
facts with enough clearness and precision so that nothing is left to surmise.
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18 To purchase the entire 15 page document visit:

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21 application-to-dismiss-complaint-in-california
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