Sample Ex Parte Application to Dismiss Complaint in California
This sample ex parte application to dismiss complaint in California is designed to be used by a defendant to request that the court dismiss a complaint when a demurrer to the complaint has been sustained with leave to amend and the plaintiff fails to amend within the time allowed. The sample is made pursuant to the provisions of Code of Civil Procedure section 581(f)(2) and California Rule of Court 3.1320(h). The sample is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration in support of the ex parte application, sample declaration regarding ex parte notice and an order granting the ex parte application to dismiss the complaint. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.