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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

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) JUDGMENT ON THE PLEADINGS;
13 vs. ) MEMORANDUM OF POINTS AND AUTHORITIES
)
14 Any Defendant, and DOES 1-5 ) DATE:
) TIME:
15 Defendants. ) DEPT:
)
16 )
)
17 )

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To subscribe to my FREE weekly legal newsletter visit
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20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail


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


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using this document.
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26 To view and purchase the California eviction document collection


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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
1 containing over 30 sample documents including an answer, demurrer,
2

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this motion, a motion to quash and more and selling at a huge discount
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visit: http://legaldocspro.net/california-eviction-litigation-document-
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6 package/
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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as

10 the matter may be heard, in Department ___of the above entitled court, located at _______________,

11 Defendant, _________________________, will and hereby does move the Court for Judgment on
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the Pleadings as to the unlawful detainer complaint filed by Plaintiff without leave to amend.
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This motion is made pursuant to Code of Civil Procedure 438 and 1177 on the grounds that
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the defective three-day notice served on Defendant and attached to the complaint will not support an
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16 unlawful detainer action as it fails to state a cause of action for unlawful detainer as it

17 USE THE FIRST EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO PAY


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RENT OR QUIT THAT IS DEFECTIVE IN SOME WAY does not contain the information
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required by Code of Civil Procedure 1161(2), and that the three-day notice overstates the amount of
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rent due as it requests a late charge of $___, thus it is fatally defective and will not support an
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22 unlawful detainer action.

23 USE THE SECOND EXAMPLE BELOW IF THE THREE-DAY IS A NOTICE TO


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PERFORM COVENANT OR QUIT THAT IS DEFECTIVE IN SOME WAY
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the three-day notice does not contain the information required by Code of Civil Procedure
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1161[c](3) as it fails to describe with specificity the particular conditions or covenants alleged to have
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28 been violated, thus it is fatally defective and will not support an unlawful detainer action.

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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
1 The Motion shall be based on this Notice and the attached Motion for Judgment on the
2 pleadings, the attached Memorandum of Points and Authorities, on the complete files and records of
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this action, and on such other oral and/or documentary evidence as may be presented at the hearing
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on the Motion.
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7 DATED: ________________ _________ _____________________________________________


Any Attorney or Party
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9 To purchase the entire 22 page document visit:


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https://legaldocspro.myshopify.com/products/sample-motion-
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for-judgment-on-the-pleadings-for-eviction-complaint-in-
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california
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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