__[Attorney name]__
__[Address]__
__[Telephone number]__
Attorney for Defendant, __[name]___
_ _ _ _ _ Court, County of _ _ _ _ _ _
__[_ _ _ _ _ _ District]__
_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s))
vs. )NOTICE OF MOTION TO DISMISS
)FOR FAILURE TO __[E.G.,
_ _ _ _ _ _ _ _ _ _ _ _ _ ) PROSECUTE ACTION/SERVE SUMMONS/
Defendant(s))BRING ACTION TO TRIAL]__;
_________________________ ) 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 __[specify, e.g.,
583.210(a)/583.310]__ for an order to dismiss this action. The
grounds for issuance of this order are that plaintiff,
__[name]__, has failed to __[e.g., serve and return the summons
on the complaint within three years after commencement of this
action, as required by Code of Civil Procedure section
583.210(a)/bring this action to trial within five years after
commencement of the action, as required by Code of Civil
Procedure section 583.310]__.
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 _ _ _ _ _ _ _ _ _ _
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Legal Forms : Set Two