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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

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, )
OPPOSITION TO MOTION FOR SUMMARY
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JUDGMENT; MEMORANDUM OF POINTS AND
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AUTHORITIES; SEPARATE STATEMENT OF
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UNDISPUTED MATERIAL FACS; DECLARATION
14 Any Defendant, and DOES 1-5 )
OF _________; EXHIBITS
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Defendants. )
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) DATE:
) TIME:
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) PLACE
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TO DEFENDANT ______________________AND THEIR ATTORNEYS OF RECORD:
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Plaintiff, ____________ (Plaintiff), hereby submits their opposition to the Motion of
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4 Defendant, (Defendant), for Summary Judgment on the grounds that triable issues of material fact

5 do exist as to who breached the contract, whether Defendant committed fraud against Plaintiff, and
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whether Plaintiff is entitled to declaratory relief, as more fully set forth in the Declaration of
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____________________ and Exhibits attached thereto, concurrently filed and served herewith.
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The Opposition shall be based on this Opposition, the attached Memorandum of Points and
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10 Authorities, the Declaration of ________________________and Exhibits attached thereto, the

11 Separate Statement of Undisputed Material Facts, concurrently filed and served, on the complete files
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and records of this action, and on such other oral and/or documentary evidence as may be presented
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at the hearing on the Motion.
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16 Dated________________ ________________________________________________________
ANY ATTORNEY OR PARTY
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of ________________________________________________.
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6 Put down a brief description of the case, such as breach of


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contract action, with cross-complaint, etc.
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9 Plaintiff, _______________, (Plaintiff), filed their complaint in the United States District

10 Court, __________ District of __________ on ________ .


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The complaint alleges that________________________________________. Defendant filed
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an answer in which they denied all of the allegations of Plaintiffs complaint.
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Defendant then filed their Motion for Summary Judgment contending that there are no triable
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15 issues of material fact, and the complaint filed by Plaintiff has no merit.

16 Plaintiff opposes the Motion of Defendant on the grounds that there are triable issues of
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material fact as to who breached the contract, whether Defendant committed fraud against
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Plaintiff, and whether Plaintiff is entitled to declaratory relief. Plaintiff contends that the Court should
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deny the Motion and allow all of the claims in this case to be heard on their merits, as the law favors.
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21 Plaintiff contends that it has credible evidence of triable issues of material fact which exist for

22 all of the causes of action of the Complaint.


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rule-56-motion-for-summary-judgment-in-united-states-district-court
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