__[Attorney name]__
__[Address]__
__[Telephone number]__
Attorney for Defendant, __[name]___
_ _ _ _ _ Court, County of _ _ _ _ _ _
__[_ _ _ _ _ _ District]__
_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s))
vs. )NOTICE OF MOTION FOR ORDER OF
)__[DISCHARGE AND SUBSTITUTION/
_ _ _ _ _ _ _ _ _ _ _ _ _ ) DISCHARGE AND DISMISSAL]__ OF
Defendant(s))DEFENDANT-STAKEHOLDER;
_________________________ ) __[POINTS AND AUTHORITIES;]__
__[DECLARATION(S);]__
__[PROPOSED ORDER]__
Hearing: __[date; time]__
Department: _ _ _ _ _ _
__[Estimated length:_ _]__
Trial Date: __[if set]__
PLEASE TAKE NOTICE that defendant, __[name]__, moves the
Court under Code of Civil Procedure section 386 for an order
that:
1. Defendant, __[name]__, deposit in Court on or before
__[date]__, __[the amount of $_ _ _ _ _ _/property consisting of
__[specify]__]__, less the amount of $_ _ _ _ _ _, as costs and
reasonable attorneys' fees incurred in bringing this motion, or
another amount determined by the Court.
2. On making such deposit, defendant, __[name]__, be
discharged from all liability asserted against __[him/her/it]__
with respect to such __[money/property]__ by plaintiff,
__[name]__, defendant(s), __[name(s)]__, and nonparty claimant,
__[name]__.
[Option 1]
3. __[Name of nonparty claimant]__ be substituted into
this action as a party-defendant in place of __[name of moving
party]__.
[Option 2]
3. The complaint in this action be dismissed against
defendant, __[name of moving party]__.
[Continue]
The grounds for issuance of this order are that:
1. Defendant, __[name]__, has no interest in __[e.g.,
all/half]__ of the __[money/property]__ claimed by plaintiff in
this action and is a mere stakeholder with respect to __[it/that
portion]__.
2. Conflicting demands have been made for the
__[money/property]__ on this defendant by __[name]__ and
__[name]__, without any collusion with this defendant, and
defendant cannot safely determine which demand is valid.
3. Defendant is entitled to an allowance of costs of $_ _
_ _ _ _ and reasonable attorneys' fees of $_ _ _ _ _ _ incurred
in this action.
The Court is located at __[address]__.
This motion is based on the attached documents and exhibits
including __[specify by title (or nature) and date, e.g., the
declaration of __[name]__, dated _ _ _ _]__, __[and]__ on all
papers filed and records in this action __[, and on any evidence
received at the hearing]__.
Date: _ _ _ _ _ _ [Signature]
________________________
__[Typed name]__
Attorney for _ _ _ _ _ _ _ _ _
Return to Table of Contents for
Legal Forms : Set Two