__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for Defendant, __[name]___


             _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )NOTICE OF MOTION TO DISMISS
                                                                     )FOR FAILURE TO __[E.G.,
_ _ _ _ _ _ _ _ _ _ _ _ _  )   PROSECUTE ACTION/SERVE SUMMONS/
                               Defendant(s))BRING ACTION TO TRIAL]__;
_________________________  )   POINTS AND AUTHORITIES;
                                                                                                         __[DECLARATION(S);]__
                                                                                                   __[PROPOSED ORDER]__

                                                                                                         Hearing: __[date; time]__
                                                                                                         Department: _ _ _ _ _ _
                                                                                                         __[Estimated length:_ _]__
                                                                                                         Trial Date: __[if set]__

     PLEASE TAKE NOTICE that defendant, __[name]__, moves the
Court under Code of Civil Procedure section __[specify, e.g.,
583.210(a)/583.310]__ for an order to dismiss this action. The
grounds for issuance of this order are that plaintiff,
__[name]__, has failed to __[e.g., serve and return the summons
on the complaint within three years after commencement of this
action, as required by Code of Civil Procedure section
583.210(a)/bring this action to trial within five years after
commencement of the action, as required by Code of Civil
Procedure section 583.310]__.
     The Court is located at __[address]__.
     This motion is based on the attached documents and exhibits
including __[specify by title (or nature) and date, e.g., the
declaration of __[name]__, dated _ _ _ _]__, __[and]__ on all
papers filed and records in this action __[, and on any evidence
received at the hearing]__.


Date: _ _ _ _ _ _                                          [Signature]
                                                                                                         ____________________________
                                                                                                                                            __[Typed name]__
                                                                                                         Attorney for _ _ _ _ _ _ _ _ _ _
      


Return to Table of Contents for

Legal Forms : Set Two