__[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