Sample Motion for Judgment in unlawful detainer (eviction) in California
This sample motion for judgment in an unlawful detainer (eviction) case in California is filed pursuant to the provisions of Code of Civil Procedure sections 631.8 and 1177 on the grounds that as a matter of law the evidence is insufficient to sustain plaintiff's burden of proof on certain legal issues such as plaintiff lacks standing to sue as they do not hold valid title to the real property due to an invalid foreclosure, has not stated a valid cause of action for unlawful detainer due to a defective three-day notice, etc. This sample should only be used in a non-jury or bench trial. The sample has been updated and revised as of January 17, 2017 is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order granting motion for judgment. The author is an entrepreneur and freelance paralegal who 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.