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Sample motion to vacate voluntary dismissal in California.

Sample Motion to Vacate Voluntary Dismissal in California

$25.99 Sale

Sample Motion to Vacate Voluntary Dismissal in California.

This sample motion to vacate a voluntary dismissal in California is based on a case where the plaintiff improperly filed a voluntary dismissal instead of opposing a motion for summary judgment. 

The motion was filed on the grounds that the right to dismiss a case is not absolute.

The sample can also be used in cases where the plaintiff filed a voluntary dismissal in response to demurrer being sustained without leave to amend and similar circumstances that dispose of a case and are considered to be the equivalent of the commencement of a trial as defined by Code of Civil Procedure section 581(b)(1), (c) which prohibit the voluntary dismissal of an action after the commencement of trial. 

The sample has been revised and updated in 2019, is 13 page and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service by mail. 

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.