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Sample trial brief
Sample trial brief
John Vaughn, CMI
This sample trial brief for a California civil case is used by a party in a California litigation case. The sample can be modified and used in most California litigation cases, it also includes a memorandum of points and authorities with citiations to case law and statutory authority and a proof of service by mail. This is a preview of the sample sold by LegalDocsPro.
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This sample motion for consolidation in an unlawful detainer (eviction) in California is filed pursuant to Code of Civil Procedure sections 1048(a) and 1177 and is used by a defendant in an eviction proceeding who wants to request consolidation of the eviction case with another case involving title to the real property such as a fraud or quiet title action on the grounds that the two cases are related and that determination of complex title issues should not be decided in a summary proceeding as that would unfairly prejudice the defendant. The sample is designed to be used by a defendant in an eviction after a foreclosure but can also be easily modified for use in situations such as where the defendant in the eviction case is asserting an interest in the real property. The sample on which this preview is based is 27 pages and includes brief instructions, a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service and proposed order granting motion for consolidation. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
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Sample trial brief
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This sample trial brief for a California civil case is used by a party in a California litigation case. The sample can be modified and used in most California litigation cases, it also includes a memorandum of points and authorities with citiations to case law and statutory authority and a proof of service by mail. This is a preview of the sample sold by LegalDocsPro.
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This sample motion for consolidation in an unlawful detainer (eviction) in California is filed pursuant to Code of Civil Procedure sections 1048(a) and 1177 and is used by a defendant in an eviction proceeding who wants to request consolidation of the eviction case with another case involving title to the real property such as a fraud or quiet title action on the grounds that the two cases are related and that determination of complex title issues should not be decided in a summary proceeding as that would unfairly prejudice the defendant. The sample is designed to be used by a defendant in an eviction after a foreclosure but can also be easily modified for use in situations such as where the defendant in the eviction case is asserting an interest in the real property. The sample on which this preview is based is 27 pages and includes brief instructions, a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service and proposed order granting motion for consolidation. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
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This sample meet and confer declaration for a motion to strike in California is filed under Code of Civil Procedure § 435.5(a) to demonstrate compliance with the new meet and confer requirements before a motion to strike can be filed that became effective on January 1, 2018. The sample is 5 pages and includes brief instructions, sample wording and a 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.
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This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
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This sample opposition to a Rule 56 Motion for Summary Judgment in United States District Court is used by a party who wishes to oppose the motion on the grounds that triable issues of material fact exist. The sample includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, and a separate statement of undisputed material facts. This is a preview of the sample sold by LegalDocsPro.
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This sample motion for consolidation of multiple cases in California is filed pursuant to Code of Civil Procedure section 1048(a) to request consolidation of two or more cases. The motion is used by a party who is requesting that a Court consolidate two or more cases on the grounds that consolidation of the cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience. The sample on which this preview is based can be easily modified for use in cases where complete consolidation is requested or where consolidation is requested only for purposes of trial and is 19 pages including brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
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Drafting the trial brief
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Editor's Notes
NOT: My opponent will argue X, but this is wrong because… INSTEAD: Opponent misconstrues the exception allowing employers to test employees as part of an ongoing investigation into economic losses.
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