Sample Motion for Nonsuit in Eviction in California
This sample motion for nonsuit for an unlawful detainer (eviction) case in California is made pursuant to Code of Civil Procedure sections 581c and 1177 on the grounds that as a matter of law the evidence is insufficient to plaintiff’s burden of proof of stating a valid cause of action for unlawful detainer such as a defective three-day notice or plaintiff lacks standing to sue due to the fact that they do not hold valid title to the property due to an invalid foreclosure, etc. The sample has been revised and updated as of January 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 sample order granting motion for nonsuit. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.