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 MOTION AND MOTION FOR
) SUMMARY JUDGMENT
13 vs. )
) DATE:
14 Any Defendant, and DOES 1-5 ) TIME:
) DEPT:
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 and purchase my California eviction document collection
25

26 containing over 30 sample documents including this sample motion for

27

28 summary judgment and selling at a huge discount visit

- 1 -
 1 http://legaldocspro.net/california-eviction-litigation-document-package/
2

3
Be sure to remove this notice and all other notices before
4
using this document.
5

6 TO THE ABOVE-ENTITLED COURT, ALL PARTIES HEREIN, AND THEIR

7 ATTORNEYS OF RECORD:
8
PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon
9
thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at
10

11
________________________ Defendants (Defendants) for themselves and for no other Defendant,

12 will and hereby do move the Court, pursuant to Code of Civil Procedure (CCP) 437c, for

13 summary judgment in favor of Defendants and against Plaintiff ______________ (Plaintiff), and
14
for costs of suit incurred herein and such other relief as may be just and proper.
15
The motion is made on the grounds that, the cause(s) of action alleged in Plaintiffs complaint
16
have no merit in that they have failed to establish LIST HERE THE REQUIRED ELEMENTS OF
17

18 A CAUSE OF ACTION FOR UNLAWFUL DETAINER WHICH PLAINTIFF HAS FAILED

19 TO ESTABLISH, which are required elements of a cause of action for unlawful detainer, and on the
20
further grounds that Defendants have clearly established the following affirmative defenses LIST
21
HERE THE AFFIRMATIVE DEFENSES THAT YOU CONTEND HAVE BEEN CLEARLY
22
ESTABLISHED to a cause of action for unlawful detainer. Thus there are no triable issues of
23

24 material fact and Defendants are therefore entitled to judgment as a matter of law.

25 This motion will be based on this notice and on the memorandum of points and authorities
26
served and filed herewith, on the declaration of ____________ and exhibits attached thereto, on all
27

28

- 2 -
 1 the papers and records of this action and on such other and further oral and/or documentary evidence
2 as may be presented at the hearing on this motion.
3
Be sure to modify these paragraphs to suit your individual
4

5 situation. Do NOT just use the wording here unless it definitely applies
6

7
to your particular situation.
8 Dated________________ _______________________________________________
9
ANY ATTORNEY OR PARTY

10 Note that you MUST file and serve this motion for summary
11
judgment at least five (5) calendar days before the hearing if the motion
12

13 is personally served, and ten (10) calendar days before the hearing if
14

15 the motion is served by mail inside California.

16

17

18

19

20

21

22

23

24

25

26

27

28

- 3 -
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case is an unlawful detainer filed by Plaintiff who allege they are entitled to possession
5

6
of the real property located at _____________________________________________ (the

7 Property). See complaint on file.

8
To purchase the entire 20 page document visit:
9

10 https://legaldocspro.myshopify.com/products/sample-motion-for-
11
summary-judgment-in-unlawful-detainer-eviction-in-california
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 4 -