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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
) DISMISSAL FOR DELAY IN PROSECUTION;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF ________;
14 Any Defendant, and DOES 1-5 ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
3
the matter may be heard in Department ___of the above entitled court, located at
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____________________________________________, LIST PARTY CAPACITY SUCH AS
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DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above-

7 entitled action as to the LIST WHETHER PLAINTIFF, CROSS-COMPLAINANT, ETC. on the

8 grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE
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FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE
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DIRECTLY BELOW:
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The failure to serve the summons and complaint on _____________ within 2 years pursuant
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13 to Code of Civil Procedure 583.420(a)(1);

14 FOR FAILURE TO BRING THE CASE TO TRIAL USE THE ONE DIRECTLY
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BELOW:
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The failure to bring this action to trial within 3 years pursuant to Code of Civil Procedure
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583.420(a)(2);
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19 FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY

20 BELOW:
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The failure to bring this action to retrial within 2 years after a mistrial, order granting new
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trial or reversal on appeal pursuant to Code of Civil Procedure 583.420(a)(3).
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This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
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25 DECLARATION, and exhibits attached thereto, the supporting memorandum served and filed with

26 this motion, the records and file in this matter, and on such other oral and documentary evidence as
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may be presented at the hearing of this motion.
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION