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 EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR RELIEF FROM
13 vs. ) WAIVER OF JURY TRIAL; MEMORANDUM OF
) POINTS AND AUTHORITIES, DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ________________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )
)
19 )

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 1 TO _______________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
3
PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
4
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
5

6
_____________________, will and does move the Court by ex-parte application for an order under

7 California Code of Civil Procedure 631(g), for relief from any waiver of the right to a trial by jury

8 in this action. This motion is made on the grounds that LIST HERE THE GROUNDS FOR THE
9
MOTION SUCH AS THIS IS AN ACTION FOR RECOVERY OF SPECIFIC REAL OR
10
PERSONAL PROPERTY WITH OR WITHOUT DAMAGES, OR FOR MONEY OWED
11
EITHER UNDER A CONTRACT OR DUE TO A BREACH OF CONTRACT, OR FOR
12

13 INJURIES under California Code of Civil Procedure 592. The interest of justice will be served by

14 a jury trial in this matter.

15
Be sure to modify these paragraphs to suit your individual
16

17 situation. Do NOT just use the wording here unless it definitely applies
18
to your particular situation.
19

20 This ex-parte application will be based upon this notice, the memorandum of points and
21
authorities in support thereof, the files and records of this case, the declaration of _____________
22
and Exhibits attached thereto, and such other and further oral and documentary evidence as may be
23
presented at the hearing.
24

25
Dated: ________________ __________________________________________
26 Any Attorney or Party
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from GIVE BRIEF DESCRIPTION OF CASE SUCH AS CAUSES OF
5

6
ACTION, ETC.

7 ____________ requests an order under California Code of Civil Procedure 631(g), for a trial

8 by jury in this action. This motion is made on the grounds that LIST HERE THE GROUNDS FOR
9
THE MOTION SUCH AS THIS IS AN ACTION FOR RECOVERY OF SPECIFIC REAL OR
10
PERSONAL PROPERTY WITH OR WITHOUT DAMAGES, OR FOR MONEY OWED
11
EITHER UNDER A CONTRACT OR DUE TO A BREACH OF CONTRACT, OR FOR
12

13 INJURIES under California Code of Civil Procedure 592.

14
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15

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17

18 application-for-relief-from-waiver-of-jury-trial-for-california
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