This sample motion for leave to amend an Answer in California is filed pursuant to Code of Civil Procedure sections 473(a) and 576 on the grounds that allowing an amended Answer to be filed would further the interests of justice. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR LEAVE
TO FILE AMENDED ANSWER; MEMORANDUM
OF POINTS AND AUTHORITIES;
DECLARATION OF _____________; EXHIBITS
DATE:
TIME:
DEPT:
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER

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1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on _______________ at ___________. in Department ___of
the above entitled court, located at ____________________________________________,
Defendant, _________________________, will and hereby does move the Court for leave to file an
amended Answer in this action.
This motion is made pursuant to California Code of Civil Procedure §§ 473(a) and 576 on the
grounds that LIST HERE WHY THE COURT SHOULD ALLOW YOU LEAVE TO AMEND
THE ANSWER, and the established policy in California liberally permitting amendments at any
stage of the proceeding.
This motion is based upon this notice, the attached memorandum of points and authorities, the
Declaration of ____________________ and Exhibits thereto, the records and files of this action, and
upon such oral and documentary evidence as may be presented upon the hearing of the motion.
DATED: ___________ _________________________________________________________
Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises out of ____________________________________.
_____ requests leave of Court to file an amended Answer pursuant to California Code of
Civil Procedure §§ 473(a) and 576 on the grounds that LIST HERE WHY THE COURT
SHOULD ALLOW YOU LEAVE TO AMEND THE ANSWER SUCH AS FORMER
COUNSEL NEGLECTED TO INCLUDE AN AFFIRMATIVE DEFENSE BASED ON THE
STATUTE OF LIMITATIONS, and the established policy in California liberally permitting
amendments at any stage of the proceeding.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/230397135/Sample-Motion-for-Leave-to-
Amend-Answer-in-California
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMENDED ANSWER