1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES DISTRICT COURT

9 ___________ DISTRICT OF __________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO DISMISS
) FOR FAILURE TO STATE A CLAIM, OR IN THE
13 vs. ) ALTERNATIVE FOR A MORE DEFINITE
) STATEMENT; MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
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NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
 1 TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the above-entitled
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Court located at ___________________________, Defendant _________ will move this Court for an
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Order dismissing the Complaint, or in the alternative for an Order requiring Plaintiff to provide a
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more definite statement.

7 This Motion will be made on the grounds that Plaintiff has failed to state a claim upon which

8 relief can be granted under the Federal Rule of Civil Procedure 12(b)(6), or in the alternative that
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Plaintiff should be required to provide a more definite statement under Federal Rule of Civil
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Procedure 12(e).
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This Motion shall be based upon this Notice, the attached Memorandum of Points and
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13 Authorities, the complete files and records of this action, and such other evidence as may be

14 presented at the hearing on this Motion.

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Dated_________________________ _______________________________________
17 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Describe the case and the parties and list the causes of action of the complaint.
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Defendant contends that the complaint filed by plaintiff ______________fails to state

7 sufficient facts to state any claims for relief against defendant.

8 Defendant contends that the complaint is deficient as it does not meet the particularity
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requirements of Federal Rule of Civil Procedure 9(b) or California law, and is barred by the
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three year statute of limitations for fraud in California.
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Also it is so vague and ambiguous that Defendant cannot reasonably prepare a proper
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13 response as Plaintiff is in fact attempting to graft three different causes of action into one.

14 Defendant requests that the Court dismiss the complaint for failure to state a claim, or in the
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alternative require Plaintiff to provide a more definite statement.
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NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM