Sample Motion for Leave to File Cross-Complaint

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Sample Motion for Leave to File Cross-Complaint Powered By Docstoc
					 1   Any Defendant
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Defendant, In Pro Per

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 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 LEAVE
                                                     )   TO FILE CROSS-COMPLAINT; MEMORANDUM
13            vs.                                    )   OF POINTS AND AUTHORITIES;
                                                     )   DECLARATION OF _____________; EXHIBITS
14   Any Defendant, and DOES 1-5                     )
                                                     )   DATE:
15                     Defendants.                   )   TIME:
                                                     )   DEPT:
16                                                   )
                                                     )
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18                    TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
19            PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
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     the above entitled court, located at ____________________________________________,
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     Defendant, _________________________,          will and hereby does move the Court for leave to file a
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23   Cross-Complaint against Cross-Defendants ______________________________ in this action.

24            This motion is made pursuant to California Code of Civil Procedure § 426.50 on the grounds
25   that as the causes of action contained in the proposed Cross-Complaint seek affirmative claims for
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     relief which evolve from "a series of acts or occurrences logically interrelated" and thus are related
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                      NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
 1   causes of action subject to forfeiture if not pleaded in this action, and that the moving party should be

 2   granted leave to file their proposed Cross-Complaint to avoid forfeiture of their causes of action.
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            This motion is based upon this notice, the attached memorandum of points and authorities, the
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     Declaration of ____________________ and Exhibits thereto, the records and files of this action, and
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     upon such oral and documentary evidence as may be presented by Defendant upon the hearing of the
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 7   motion.

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     DATED: ________________ ___________________________________________________
10                                 ___________________________, Defendant, In Pro Per

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                  NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
 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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             P
				
DOCUMENT INFO
Description: This motion for leave to file a compulsory cross-complaint in California is made pursuant to Code of Civil Procedure Section 426.50. The motion includes a memorandum of points and authorities with full citations to case law and statutory authority, a sample declaration and a proof of service by mail. The author is a freelance paralegal with over 15 years of experience in California civil litigation and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
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PARTNER Stan Burman
Freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.