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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 _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) UNDERTAKING PURSUANT TO CODE OF CIVIL
13 vs. ) PROCEDURE 1030; MEMORANDUM OF
) POINTS AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5, ) ______________; EXHIBITS
)
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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)
18 )
)
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20 To subscribe to my FREE weekly legal newsletter visit


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address.
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25 Be sure to remove these notices before using this document.


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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030
1 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
2 the matter may be heard, in Department ___of the above entitled court, located at
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____________________________________________, Defendant, _________________________,
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will and hereby does move the Court for an order requiring Plaintiff, ________ to post an
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undertaking pursuant to Code of Civil Procedure 1030 on the following grounds:

7 MODIFY THE WORDING BELOW FOR YOUR SITUATION

8 1. Plaintiff, _________ resides outside of the State of California,


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2. Plaintiff, _________ is a foreign corporation or other fictitious entity, and
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3. Defendant, _________has a reasonable probability of prevailing in the case.
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The motion is based upon this notice of motion and motion, the attached memorandum of
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13 points and authorities, the attached declaration of ________ and exhibits attached thereto, and upon

14 such oral and documentary evidence as may be presented by Defendant upon the hearing of the
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demurrer.
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DATED: ________________ ___ ___________________________________________________
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Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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PRELIMINARY STATEMENT
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Plaintiff, ______________________(Plaintiff ) filed their complaint against
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Defendant, _____________________ (Defendant). The complaint has ___ causes of action LIST

7 CAUSES OF ACTION OF THE COMPLAINT. See the complaint on file.

8 Plaintiff, ________ admits that they reside outside of the State of California, or Plaintiff
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admits that they are a foreign corporation. See paragraph __ of the complaint on file.
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Defendant, _____________ contends that the court should issue an order Plaintiff, ________
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to post an undertaking pursuant to Code of Civil Procedure 1030 on the following grounds:
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13 MODIFY THE WORDING BELOW FOR YOUR SITUATION

14 1. Plaintiff, _________ resides outside of the State of California,


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2. Plaintiff, _________ is a foreign corporation or other fictitious entity, and
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3. Defendant, _________has a reasonable probability of prevailing in the case
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Defendant contends that they have a reasonable probability of prevailing in this case in that
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19 LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION AND BE

20 SURE TO CITE TO ANY ATTACHED EXHIBITS.


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To purchase the entire 11 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-
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25 for-undertaking-under-code-of-civil-procedure-section-1030-in-
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27 california
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NOTICE OF MOTION AND MOTION FOR UNDERTAKING UNDER CCP SECTION 1030

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