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    Sample Opposition To California Motion For Leave To Amend

    Uploaded by

    Stan Burman
    This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample motion has been revised and updated in December 2016, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Opposition To California Motion For Leave To Amend

    Uploaded by

    Stan Burman
    4K views3 pages
    This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample motion has been revised and updated in December 2016, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Original Title

    Sample Opposition to California Motion for Leave to Amend

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    This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample motion has been revised and updated in December 2016, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    4K views3 pages

    Sample Opposition To California Motion For Leave To Amend

    Uploaded by

    Stan Burman
    This sample opposition to California motion for leave to amend is used when a party wishes to oppose the request of another party for leave to amend their pleading such as an answer or complaint on the grounds of lack of diligence, long unexplained delay and prejudice. The sample motion has been revised and updated in December 2016, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law supporting the opposition, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    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, ) OPPOSITION TO MOTION FOR LEAVE TO
    ) AMEND__________; MEMORANDUM OF
    13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
    ) _________; EXHIBITS
    14 Any Defendant, and DOES 1-5 )
    )
    15 Defendants. )
    )
    16 )
    )
    17 )

    18
    To subscribe to my FREE weekly legal newsletter visit
    19

    20 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


    21
    address. Be sure to remove this notice and all other notices before
    22

    23 using this document.


    24
    To view sample document packages for sale by LegalDocsPro visit
    25

    26 http://www.legaldocspro.net
    27
    TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
    28

    - 1 -
    OPPOSITION TO MOTION FOR LEAVE TO AMEND ________________
    1 ______________, herein submits its opposition to the motion for leave to amend the LIST
    2 HERE WHETHER LEAVE TO AMEND IS SOUGHT FOR THE COMPLAINT, CROSS-
    3
    COMPLAINT OR ANSWER filed by _____ on the grounds that LIST HERE THE GROUNDS
    4
    SUCH AS LACK OF DILIGENCE, LONG UNEXPLAINED DELAY, PREJUDICE, ETC.
    5

    6
    precludes this court from granting leave to amend.

    7 The Opposition shall be based on this opposition, the attached Memorandum of Points and

    8 Authorities, the declaration of _____________ and Exhibits attached thereto, on the complete files
    9
    and records of this action, and on such other oral and/or documentary evidence as may be presented
    10
    at the hearing on the Motion.
    11

    12 Be sure to modify these paragraphs to suit your individual


    13
    situation. Do NOT just use the wording here unless it definitely applies
    14

    15 to your particular situation.


    16

    17 Dated________________ _______________________________________________
    ANY ATTORNEY OR PARTY
    18

    19
    YOU MUST SERVE AND FILE THIS OPPOSITION AT LEAST
    20

    21
    NINE (9) COURT DAYS BEFORE THE HEARING. COURT DAYS
    22

    23 MEANS MONDAY THROUGH FRIDAY, EXCEPT FOR COURT


    24
    HOLIDAYS.
    25

    26

    27 MEMORANDUM OF POINTS AND AUTHORITIES


    28
    I.

    - 2 -
    OPPOSITION TO MOTION FOR LEAVE TO AMEND ________________
    1 INTRODUCTION
    2 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
    3
    AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC.
    4
    _____________ contends that they should be granted leave to amend LIST HERE
    5

    6
    WHETHER LEAVE TO AMEND IS SOUGHT FOR THE COMPLAINT, CROSS-

    7 COMPLAINT OR ANSWER.

    8 ___________ contends that the motion for leave to amend should be denied on the grounds
    9
    that the LIST HERE THE GROUNDS SUCH AS LACK OF DILIGENCE, LONG
    10
    UNEXPLAINED DELAY, PREJUDICE, ETC. precludes this court from granting leave to amend.
    11

    12 To purchase the entire document visit:


    13

    14
    https://legaldocspro.myshopify.com/products/sample-
    15
    opposition-to-motion-for-leave-to-amend-in-california
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    - 3 -
    OPPOSITION TO MOTION FOR LEAVE TO AMEND ________________

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