__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for Defendant, __[name]___


             _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )DECLARATION OF __[NAME]__
                                                                          )SUPPORTING __[NAME]__'S MOTION
_ _ _ _ _ _ _ _ _ _ _ _ _  )   FOR ORDER OF __[DISCHARGE AND
                               Defendant(s))SUBSTITUTION/DISCHARGE AND
_________________________  )   DISMISSAL]__ OF
                                                                                                         DEFENDANT-STAKEHOLDER

                                                                                                         Hearing: __[date; time]__
                                                                                                         Department: _ _ _ _ _ _
                                                                                                         Trial Date: __[if set]__

__[Name]__ declares:
     1.   I am __[defendant/attorney for defendant]__,
__[name]__, in this action that was commenced on __[date]__, and
is now pending in this Court.
                      [Add if appropriate]
     2.   __[I have/Defendant has]__ not answered the complaint
and time to do so has not expired.
                           [Continue]
     [3.] This action was brought to recover __[specify]__.
     [4.] On __[date]__, plaintiff, __[name]__, demanded
__[specify]__.
     [5.] On __[date]__, __[name of claimant]__, claimant,
notified __[me/defendant]__ that __[state claims made by
claimant]__. This claim was made without __[my/defendant's]__
collusion.
     [6.] __[I do/Defendant does]__ not know and cannot determine
the respective merits of the claims of plaintiff and claimant and
therefore cannot safely __[state performance demanded]__.
     [7.] __[I have/Defendant has]__ no interest in __[identify
disputed matter or portion of it to which no claim is made]__ and
offer __[state action offered, e.g., to make deposit with
Court]__ on being discharged from all liability to either
plaintiff or claimant in order that they may interplead and
settle their claims between themselves.
     [8.] As a result of filing this action, __[I have/defendant
has]__ incurred the following costs and attorneys' fees of $_ _ _
_ _ _ for the following services: __[Describe costs and services
in detail]__.
WHEREFORE, defendant prays for:
     1.   An order substituting claimant as a defendant,
discharging __[me/defendant]__ from all liabilities to plaintiff
or claimant.
     2.   Costs of this action, reasonable attorneys' fees, and
other just relief.
     I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.

Date: _ _ _ _ _ _                                       [Signature]
                                                                                                         _______________________
                                                                                                                                            __[Typed name]__
                                                                                                         __[Title if relevant]__

      

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Legal Forms : Set Two