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 TO VACATE
) VOLUNTARY DISMISSAL FILED BY PLAINTIFF
13 vs. ) ON __________; MEMORANDUM OF POINTS
) AND AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) _______________
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )
)
19 )

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address.
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25 To view over 300 sample legal documents for sale by

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28 Be sure to remove this notice and all other notices before

- 1 -
NOTICE OF MOTION AND MOTION TO VACATE VOLUNTARY DISMISSAL
 1

2 using this document.

3
TO PLAINTIFF _______________AND THEIR ATTORNEYS OF RECORD:
4
PLEASE TAKE NOTICE THAT on _____________ at __________ or as soon
5

6
thereafter as the matter may be heard, in Department ________ of the above-entitled Court, located at

7 ________________________ , defendant ____________ will and does move this court for an order

8 order vacating Plaintiffs voluntary dismissal without prejudice on the grounds that the motion should
9
be granted due to the prejudicial effect Plaintiffs dismissal will have upon Defendant. Defendant has
10
invested considerable time, resources, and incurred significant attorney fees and court costs in
11
defending this action initiated by Plaintiff. If Plaintiff is allowed to dismiss this action without
12

13 prejudice, Plaintiff will be allowed to file another action against Defendant forcing Defendant to

14 defend this process once again.

15
This motion will be based on this notice and on the memorandum of points and authorities
16
served and filed herewith, on the declaration of ____________ , on all the papers and records of this
17
action and on such other and further oral and/or documentary evidence as may be presented at the
18

19 hearing on this motion.

20
Be sure to modify these paragraphs to suit your individual
21

22 situation. Do NOT just use the wording here unless it definitely applies
23
to your particular situation.
24

25 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
26

27

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NOTICE OF MOTION AND MOTION TO VACATE VOLUNTARY DISMISSAL
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
PRELIMINARY STATEMENT
4
_____________ (Defendant) hereby submits their memorandum of points and authorities in
5

6
support of this motion seeking an order vacating Plaintiffs voluntary dismissal without prejudice.

7 Defendants motion should be granted due to the prejudicial effect Plaintiffs dismissal will

8 have upon Defendant. Defendant has invested considerable time, resources, and incurred significant
9
attorney fees and court costs in defending this action initiated by Plaintiff. If Plaintiff is allowed to
10
dismiss this action without prejudice, Plaintiff will be allowed to file another action against
11
Defendant forcing Defendant to defend this process once again.
12

13 Because Defendant was forced to bring this motion to vacate Plaintiffs bad faith voluntary

14 dismissal without prejudice, Defendant requests sanctions in the amount of $______. As set forth
15
herein, this motion should be granted.
16

17
To purchase the entire 13 page document visit:
18
https://legaldocspro.myshopify.com/products/sample-motion-
19

20
to-vacate-voluntary-dismissal-in-california
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NOTICE OF MOTION AND MOTION TO VACATE VOLUNTARY DISMISSAL