
Sample motion for substitution of parties under Code of Civil Procedure section 386(a) in California
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Sample motion for substitution of parties under Code of Civil Procedure section 386(a) in California.
This sample motion for substitution of parties and discharge of defendants under Code of Civil Procedure section 386(a) in California is filed on the grounds that,
- (1) the causes of action alleged in Plaintiffs complaint involve a demand by Plaintiff consisting of a demand for money or property without any collusion with the moving Defendant,
- (2) that the moving Defendants have no interest in the property or sum of money deposited with the clerk of this Court claimed by Plaintiff, and
- (3) that the moving Defendants cannot safely determine which claim is valid.
The sample motion has been revised and updated in 2019, is 12 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority, Sample declaration, and
- Proof of service.
The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 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.