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 FOR LEAVE
) TO FILE AMENDED ANSWER; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF _____________; EXHIBITS
14 Any Defendant, and DOES 1-5 )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17

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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
 1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
3
the above entitled court, located at ____________________________________________,
4
Defendant, _________________________, will and hereby does move the Court for leave to file an
5

6
amended Answer in this action.

7 This motion is made pursuant to California Code of Civil Procedure 473(a) and 576 on the

8 grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND
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THE ANSWER, and the established policy in California liberally permitting amendments at any
10
stage of the proceeding.
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This motion is based upon this notice, the attached memorandum of points and authorities, the
12

13 Declaration of ____________________ and Exhibits thereto, the records and files of this action, and

14 upon such oral and documentary evidence as may be presented upon the hearing of the motion.
15

16
DATED: ___________ _________________________________________________________
17 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises out of ____________________________________.
5

6
_____ requests leave of Court to file an amended Answer pursuant to California Code of Civil

7 Procedure 473(a) and 576 on the grounds that LIST HERE WHY THE COURT SHOULD

8 ALLOW YOU LEAVE TO AMEND THE ANSWER SUCH AS FORMER COUNSEL

9
NEGLECTED TO INCLUDE AN AFFIRMATIVE DEFENSE BASED ON THE STATUTE OF
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LIMITATIONS, and the established policy in California liberally permitting amendments at any
11
stage of the proceeding.
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13 ________ has complied with California Rule of Court 3.1324(a)1-3 in that a copy of the

14 proposed Answer is attached as Exhibit 1 to the declaration of ______________.

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The following allegations in the original __________________ are to be deleted;
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1. LIST HERE ALL ALLEGATIONS IN THE ORIGINAL PLEADING THAT
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WILL BE DELETED, LIST BY PAGE, PARAGRAPH AND LINE NUMBER, FOR
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19 EXAMPLE PAGE 3, PARAGRAPH 7, LINE NUMBERS 3-6. IF THERE ARE NO

20 DELETIONS THEN REMOVE THIS SECTION.

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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER