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 DISMISSAL FOR
) DELAY IN PROSECUTION; 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 over 300 sample legal documents sold by LegalDocsPro
25

26 visit http://www.scribd.com/LegalDocsPro
27
TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
28

- 1 -
OPPOSITION TO MOTION FOR MANDATORY DISMISSAL FOR DELAY IN PROSECUTION
 1 ______________, herein submits its opposition to the motion for mandatory dismissal for
2 delay in prosecution filed by ______________on the grounds that LIST HERE THE GROUNDS
3
FOR OPPOSITION SUCH AS SUBSTANTIAL COMPLIANCE, MOVING PARTY IS
4
ESTOPPED TO SEEK DISMISSAL, IMPOSSIBLE, IMPRACTICABLE OR FUTILE,
5

6
ETC.

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 MANDATORY DISMISSAL FOR DELAY IN PROSECUTION
 1 INTRODUCTION
2 DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
3
AS TYPE OF CASE, ETC.
4
_____________ contends that this court should order dismissal of this case for delay in
5

6
prosecution on the grounds that STATE THE GROUNDS LISTED BY THE MOVING PARTY

7 IN THEIR MOTION.

8 ___________ contends that the motion for mandatory dismissal should be denied on the
9
grounds that LIST HERE THE GROUNDS FOR OPPOSITION SUCH AS SUBSTANTIAL
10
COMPLIANCE, MOVING PARTY IS ESTOPPED TO SEEK DISMISSAL, IMPOSSIBLE,
11
IMPRACTICABLE OR FUTILE, ETC.
12

13 LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR OPPOSITION TO THE

14 MOTION FOR MANDATORY DISMISSAL. If any documents support your contentions be sure
15
to attach them as Exhibit 1, and so on.
16

17
To purchase the entire 14 page document visit:
18
https://legaldocspro.myshopify.com/products/sample-
19

20
opposition-to-motion-for-mandatory-dismissal-in-california
21

22

23

24

25

26

27

28

- 3 -
OPPOSITION TO MOTION FOR MANDATORY DISMISSAL FOR DELAY IN PROSECUTION