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
vs. ) SUBSTITITE _______ IN PLACE OF DECEASED
13 ) PLAINTIFF, ______________; MEMORANDUM
) OF POINTS AND AUTHORITIES; DECLARATION
14 Any Defendants, and DOES 1-5, inclusive, ) OF ________; EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 ) RESERVATION NO.
)
18 )
)
19 )
)
20 )

21
To subscribe to my FREE California weekly legal newsletter visit
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23
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
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To view over 300 sample legal documents sold by LegalDocsPro
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- 1 -

NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF

 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______, at _______M., or as soon after that as the matter
3
can be heard, in Department ___ of the above-entitled court located at ____________, Plaintiffs,
4
__________________; (Plaintiffs) will and do move this Court for an order substituting
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__________ in place of Plaintiff, ______________, an individual, pursuant to the provisions of Code

7 of Civil Procedure 377.31 on the grounds that Plaintiff, _________________________, passed

8 away on _____________, and

9
USE THE EXAMPLE BELOW IF YOU ARE THE EXECUTOR OF THE ESTATE OR
10
THE TRUSTEE OF THE LIVING TRUST OF THE DECEDENT
11
___________ is the Executor of the Estate of ______________________, or the Successor
12

13 Trustee of the ____________ Living Trust dated ____________as shown by the declaration of

14 _______________and exhibits attached thereto, concurrently filed and served herewith and
15
incorporated herein by reference.
16
USE THE EXAMPLE BELOW IF YOU ARE AN HEIR OF THE DECEDENT
17
is the successor in interest to ______________, as defined in Code of Civil Procedure
18

19 377.11 and succeed to their interest in the above-entitled proceeding.

20 The motion shall be based on this notice and the attached memorandum of points and
21
authorities, the attached declaration of ___________ and Exhibits attached thereto, on the complete
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files and records of this action, and on such other oral and/or documentary evidence as may be
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presented at the hearing on the Motion.
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25 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF

 1 Be sure to modify these paragraphs to suit your individual
2

3
situation. Do NOT just use the wording here unless it definitely applies
4
to your particular situation. Remember that you must serve all parties
5

6 and give them at least sixteen (16) Court days notice, plus an additional
7
five (5) calendar days if service is by mail. Court days means Monday
8

9 through Friday, except for Court holidays. See Code of Civil Procedure
10

11
1005 for more details.
12
To purchase the entire 13 page document visit;
13

14 https://legaldocspro.myshopify.com/products/sample-motion-to-
15
substitute-a-plaintiff-in-california
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NOTICE OF MOTION AND MOTION TO SUBSTITUTE PLAINTIFF