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Sample motion for undertaking under Code of Civil Procedure section 1030 in California.

Sample Motion for Undertaking Under Code of Civil Procedure section 1030 in California

$25.99 Sale

Sample Motion for Undertaking Under Code of Civil Procedure section 1030 in California.

This sample motion for an undertaking under Code of Civil Procedure section 1030 in California is filed on the grounds that, 

  • (1) plaintiff, resides outside of the State of California or is a foreign corporation or other fictitious entity, and
  • (2) defendant, has a reasonable probability of prevailing in the case.

The motion requests that the court order the plaintiff to post an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding.

The sample has been revised and updated in 2019, is 11 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.