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Sample motion to specially set case for trial under Code of Civil Procedure section 597 in California.

Sample motion to specially set case for trial under Code of Civil Procedure section 597

$32.49 Sale

Sample motion to specially set case for trial under Code of Civil Procedure section 597.

This sample motion to specially set a case for trial under Code of Civil Procedure section 597 in California is filed on the grounds that the affirmative defenses asserted by the defendant contend that the complaint or specified causes of action are barred by

  • (1) the statute of limitations;
  • (2) by a prior judgment;
  • (3) another action is pending upon the same cause of action, or
  • (4) any other defense not involving the merits of the plaintiff’s cause of action but constituting a bar or ground of abatement to the prosecution thereof and the facts are not in dispute.
The sample motion has been revised and updated in 2019, is 19 pages and includes,
  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Request for judicial notice,
  • 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.