How to Fill Out a Motion to Dismiss a Pleading Paper for California Civil Court

A plaintiff files a pleading paper when he formally files a complaint with the court clerk against a defendant. The pleading paper contains all the actions for which the plaintiff is seeking damages. After a pleading paper is filed, the defendant has a deadline to respond to the claims made. During this time, a defendant may file a Motion to Dismiss, also known as a Request for Dismissal in California. If the initial pleading paper is defective, and the Request for Dismissal is accepted, the case will be dismissed, and the defendant will be spared a costly, time-consuming trial.

Instructions

    • 1

      Ask the court clerk for a "Request for Dismissal" form or download the form from the California Courts website.

    • 2

      Provide your name, address, email address and phone number if you are representing yourself in the legal dispute in the box labeled "Attorney or Party Without Attorney." If you are a lawyer, include your state bar number.

    • 3

      Write the street address, mailing address, city, zipcode and branch of the court presiding over the dispute in the box labeled "Superior Court of California, County Of." Provide the names of the Plaintiff/Petitioner and Defendant/Respondent in the box below that.

    • 4

      Specify the cause of action on which the complaint is based in the box labeled "Request for Dismissal."

    • 5

      Decide whether the action should be dismissed "With Prejudice" or "Without Prejudice" by leaving a check mark in box "1a.(1)" or "1a.(2)." next to each option.

    • 6

      Check box "1b.(2)" because a pleading paper is a complaint.

    • 7

      Provide the date and sign the bottom of the form.

Tips & Warnings

  • "With Prejudice" means that the Plaintiff/Petitioner cannot re-file the case at a later date. "Without Prejudice" means there was a problem with the manner in which the Defendant/Respondent was notified of the proceedings or there is a lack of legal evidence in the pleading paper; if these errors are not substantial, the Plaintiff/Petitioner can make corrections and re-file.
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