Sample Motion for Judgment pursuant to Code of Civil Procedure section 631.8 in California

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This sample motion for judgment is made pursuant to Code of Civil Procedure section 631.8  in California is used when a party contends that the opposing party has failed to sustain its burden of proof on their claims or defenses.  This motion is only for use in a NON-jury or bench trial.  The sample has been revised and updated in December 2016, is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order.  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. Note that the author is NOT an attorney and no guarantee or warranty is provided.