Table of Forms
References are to chapter section numbers
Agreements
Dispute resolution agreement, 5.50
Fee agreements. See Fee agreements
Negotiated submission agreement, 5.51
Allegations
Compliance with claim requirement
Allegation in complaint, 17.34
Allegation in complaint (claim against decedent's estate), 18.19
Amendment to answer, 32.74
Amendment to complaint
General form, 23.18
Substituting true name for fictitious name, 23.21, 56.75
Answers
Amendment to answer, 32.74
Contract, 32.81
Personal injury, property damage, wrongful death, 32.80
Proof of service of, 32.83
Unlawful detainer, 32.82
Unverified answer, 32.72
Verified answer, 32.73
Applications
Counsel pro hac vice, application to appear as, 8.44
Ex parte application for extension of time to answer complaint, 32.71
Ex parte order to show cause, application for (and order), 10.9
Ex parte order, application for (and order), 10.8
Extension of time, application for order for, 9.63
Leave to present late claim, application for, 17.30
Receivership
Employment of counsel, application of receiver for order
authorizing, 40.79
Ex parte order appointing receiver, application for, 40.75
Shortening of time, application for order for, 9.61
Stay order, application for, 64.40
Waiver of additional court fees and costs, application for, 20.37
Waiver of court fees and costs, application for, 20.34
Association of attorney, 8.43
At-issue memorandum, 49.14
Attorney's reply to client's request for arbitration of fee dispute,
7.46
Bill of particulars
Book or ledger account, 37.34
Common counts, 37.35
Certificates
Impending impairment, certificate of, 16.11
Inability to obtain consultation, certificate of, 16.12
Merit, certificate of, 16.9
Reliance on res ipsa loquitur or failure to inform, certificate of,
16.10
Claim against public entity, 17.29
Client interview
Businesses, 3.17
Individuals, 3.16
Complaints
Amendment. See Amendment to complaint
Common counts, 22.40
Contract, 22.38
Contract, breach of, 22.39
Declaratory relief actions
Contract, action on, 42.51
Statute or ordinance, action on, 42.52
Exemplary damages attachment, 22.37
Fraud, 22.41
General negligence, 22.33
Injunctive relief, complaint for, 39.89
Intentional tort, 22.34
Interpleader, complaint in, 35.47
Intervention, complaint in, 61.64
Motor vehicle, 22.32
Personal injury, property damage, wrongful death, 22.31
Premises liability, 22.35
Products liability, 22.36
Sample typed complaint, 22.30
Unlawful detainer, 22.42
Consent judgment
Judgment pursuant to stipulation, 60.20
Stipulation for judgment, 60.19
Consent of client to arbitration of fee dispute, 7.48
Consent of client to continued representation, 8.45
Creditor's claim, 18.20
Cross-complaints
Contract action, 33.60
Personal injury, property damage, wrongful death, 33.59
Declarations
Advancing, specially setting, or resetting case, declaration in
support of motion for, 53.8
Amended answer, declaration in support of motion for leave to file,
32.77
Change of venue, declarations in support of motion for, 28.37-28.39
Consolidation, declaration in support of motion for, 62.55
Continuance, declaration in support of motion for, 54.20
Cross-complaint, declaration in support of motion to file, 33.57
Default and default judgments
Motion for default judgment, declaration in support of, 56.76
Motion to set aside default or default judgment, declaration in
support of, 56.81
Deposit in court
Declaration for CCP 574 enforcement order, 41.26
Declaration in support of motion for, 41.24
Further bill of particulars, declaration in support of motion for,
37.38
General form, declaration in support of motion, 9.58
Good faith of settlement, declaration in support of motion to
determine, 69.24
Interpleader action, declaration in support of motion for substitution
and discharge or dismissal in, 35.45
Intervention
Declaration for order granting leave to intervene, 61.58
Declaration for order to show cause re intervention, 61.60
Introduction of evidence at trial, declaration in support of motion to
preclude, 37.42
Motion to dismiss, declaration in support of, 57.95
Motion to dismiss or stay for inconvenient forum, declaration in
support of, 29.24
Noticed motion, declaration opposing, 11.22
Personal sureties' qualifications, declaration of, 39.96
Security for costs, declaration in support of motion for order
requiring, 36.66
Service of papers by mail, declarations of, 25.12-25.14
Submission of agreed case, declaration in support of, 59.16
Substitution of attorney, declarations in support of motion for,
8.40-8.41
Summary judgment, declaration in support of motion for, 44.52
Temporary restraining order and preliminary injunction, declaration in
support of, 39.90
Withdrawal of attorney, declaration in support of motion for, 8.47
Default judgment
Clerk, default judgment by, 56.77
Court, default judgment by, 56.78-56.79
Demand for appointment of attorney or personal appearance, 8.50
Demand for bill of particulars, 37.33
Demand that witness appear at arbitration hearing and testify in person,
55.49
Demurrers
Answer, demurrer to, 30.66
Complaint, demurrer to, 30.64
Cross-complaint, demurrer to, 30.65
Election of plaintiff for judicial arbitration, 55.45
Fee agreements
Contingent fee agreement, 6.31
Disclosure and consent re fee splitting, 6.33-6.34
Hourly rate, fee agreement based on, 6.32
Sample letter form, agreement based on hourly rate, 6.32
First-page format of typed court paper, 1.27
General denial when dispute does not exceed $1000, 32.79
Information sheet on waiver of court fees and costs, 20.38
Judgment on the pleadings, 34.29
Judgments
Consent judgment. See Consent judgment
Court order under CCP 437(c), judgment by, 46.27
Declaratory relief, judgment for, 42.53
Default judgment. See Default judgment
Dismissal, judgment of, 58.32
Interpleader, final judgment in, 35.49
Jury demand, 50.11
Letters
Attorney's conflict of interest, letter informing client of, 4.42
Bill of particulars, sample letter demanding, 37.40
Corporate officer, letter to (dual representation), 4.43
Sample demand letter, personal injury case, 66.14
Sample demand letter, wrongful death case, 66.13
Sample letter demanding further bill of particulars, 37.36
Memorandum of points and authorities
Amended answer, points and authorities in support of motion for leave
to file, 32.76
General form, points and authorities in support of motion, 9.57
Motion for judgment on the pleadings, supporting memorandum, 34.30
Noticed motion, points and authorities in opposition to, 11.21
Summary judgment, points and authorities in support of motion for,
44.51
Memorandum to set, 49.15
Motion for remand of action or claim, 64.46
Motion for transfer of action or claim, 64.47
Motions, notice of
Advancing, specially setting, or resetting case, notice of motion for,
53.7
Amended answer, notice of motion for leave to file, 32.75
Complaint, notice of motion to amend, 23.22
Consolidation, notice of motion for, 62.54
Continuance, notice of motion for, 54.19
Cross-complaint, notice of motion for leave to file, 33.56
Default or default judgment, notice of motion to set aside, 56.80
Deposit in court, notice of motion for, 41.23
Dismissal of action, notice of motion for, 57.94
Dismissal or stay of action for inconvenient forum, notice of motion
for, 29.23
Further bill of particulars, notice of motion for, 37.37
General form, 9.56
Good faith of settlement, notice of motion to determine, 69.23
Interpleader action, notice of motion for substitution and discharge
or dismissal in, 35.44
Introduction of evidence at trial, notice of motion to preclude, 37.41
Judgment on the pleadings, notice of motion for, 34.27
Leave to intervene, notice of motion for, 61.62
Motion to strike, notice of, 31.24
Preliminary injunction, notice of motion for, 39.92
Receiver, notice of motion for order appointing, 40.73
Reconsideration of order granting summary judgment motion, notice of
motion for, 47.18
Security for costs, notice of motion for order requiring, 36.63, 36.65
Severance of actions or issues, notice of motion for, 63.41
Substitution of attorney, notice of motion for, 8.39
Summary judgment, notice of motion for, 44.50
Venue
Change of venue, notice of motion for, 28.35
Retention of venue, notice of motion for, 28.36
Withdrawal of attorney, notice of motion for, 8.46
Notices
Client's right to arbitrate fee dispute, notice of, 7.44
Demurrer, notice of decision on, 30.67
Demurrer, notice of hearing on, 30.63
Dismissal, notice of entry of, 57.97, 58.31
Intention to introduce documents and depositions at arbitration
hearing, notice of, 55.48
Intention to sue health care provider, notice of, 16.8
New trial, notice of intention to move for, 47.19
Ruling on motion, notice of, 12.10
Stay of action for arbitration of fee dispute, notice of, 7.49
Submission of petition for coordination, notice of, 64.39
Substitution of attorney, notice of, 8.38
Summons and complaint, notice and acknowledgment of receipt of, 24.56
Waiver of court fees and costs, notice of, 20.36
Withdrawal of attorney, notice of, 8.49
Oath of receiver, 40.78
Offers to allow judgment under CCP 998
Defendant's offer, 69.17
Plaintiff's offer, 69.16
Orders
Amended answer, order for leave to file, 32.78
Applications. See Applications
Change of venue, stipulation and order for, 28.40
Complaint, order allowing amendment of, 23.23
Consolidation, order for, 62.56
Cross-complaint, order granting leave to file, 33.58
Default or default judgment
Order setting aside entry of, 56.83
Order staying execution and shortening time, 56.82
Deposit in court
Enforcement order under CCP 574, 41.27
Order for, 41.25
Dismissal of action, order for, 57.96
Dismissal or stay of action for inconvenient forum, order for, 29.26
Further bill of particulars, order for, 37.39
General form, 12.11
Guardian ad litem
Appointment of guardian, order for, 19.27
Appointment of guardian, order terminating, 19.32
Compromise of claim by guardian, order approving, 19.30
Interpleader
Interlocutory order in interpleader by cross-complaint, 35.48
Order discharging defendant and substituting claimant, 35.46
Introduction of evidence at trial, order precluding, 37.43
Issues, order adjudicating, 46.28
Judgment on the pleadings, order for, 34.28
Leave to intervene, order granting, 61.59, 61.63
Motion for summary judgment, order in response to, 45.22
Motion to strike, order granting, 31.25
Preliminary injunction, order denying, 39.94
Proposed order, 9.60
Proposed preliminary trial conference order, 64.45
Receivership
Employment of counsel by receiver, order authorizing, 40.80
Ex parte orders appointing receiver, 40.76-40.77
Order appointing receiver, 40.74
Severance
Order severing actions or issues, 63.42
Stipulation to severance and proposed order, 63.40
Substitution of attorney, order for, 8.42
Suit against public entity, order permitting filing of, 17.32
Summary adjudication of issues, order granting, 44.55
Summary judgment
Order denying motion for, 46.29
Order for entry of, 46.26
Order granting motion for, 44.54
Waiver of court fees and costs, order on application for, 20.35
Withdrawal of attorney, order for, 8.48
Orders to show cause
Leave to intervene, order granting, 61.61
Temporary restraining order and order to show cause, 39.91
Petitions
Add-on case, petition to coordinate, 64.48
Coordination, petition for, 64.38
Guardian ad litem
Authorization to employ attorney, petition by guardian for, 19.28
Compromise of claim, petition by guardian for order approving,
19.29
Petition for appointment of guardian for defendant, 19.26
Petition for appointment of guardian for plaintiff, 19.25
Termination of appointment of guardian, petition for, 19.31
Leave to file civil action against public entity, petition for, 17.31
Preliminary injunction, 39.93
Proof of service of summons, 24.55
Proposed preliminary trial conference agenda, 64.44
Request by attorney for arbitration of fee dispute, 7.47
Request by client for arbitration of fee dispute, 7.45
Request for dismissal, 58.30
Request for entry of default, 56.74
Request for judicial notice, 9.59
Request for order allowing amendment to complaint, 23.20
Request for trial after judicial arbitration, 55.50
Request to take judicial notice in support of motion to dismiss or stay for
inconvenient forum, 29.25
Response by party opposing summary judgment to separate statement of
disputed and undisputed issues, 45.21
Statement of undisputed material facts, 44.53
Statement opposing application for stay order, 64.41
Statement opposing petition for coordination, 64.42
Statement supporting petition for coordination, 64.43
Stipulations
Agreed facts in pending action, stipulation to, 59.17
Amendment or amended complaint, stipulation for filing, 23.19
Answer to complaint, stipulation extending time for, 32.70
Arbitrator, stipulation to, 55.46
Change of venue, stipulation and order for, 28.40
Extension of time, stipulation for, 9.62
Judgment, stipulation for, 60.19
Judgment pursuant to stipulation, 60.20
Judicial arbitration, stipulation to submit to, 55.44
Severance, stipulation for, 63.40
Submission of agreed case, 59.15
Summons
Family law, 24.59
General form, 24.54
Joinder (family law), 24.60
Joint debtor, 24.57
Proof of service (summons), 24.55
Unlawful detainer, 24.58
Undertaking
CCP 995.330, undertaking under, 36.64
Preliminary injunction, undertaking by surety on, 39.95
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Legal Forms : Set Two