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

Attorney for Defendant, __[name]___



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

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )DECLARATION OF __[NAME]__)
                                                                          )SUPPORTING __[NAME]__'S
_ _ _ _ _ _ _ _ _ _ _ _ _  )   MOTION TO DISMISS FOR FAILURE TO
                               Defendant(s))__[E.G., PROSECUTE ACTION/SERVE
_________________________  )   SUMMONS/BRING ACTION TO TRIAL]__

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

__[Name]__ declares:
     1.   I am the __[defendant/attorney for the defendant,
__[name]__]__ in this action, filed by plaintiff, __[name]__, on
__[date]__. If called to testify in this matter, I could and
would competently testify to the following matters which are of
my own personal knowledge.
     [Option 1: If motion is based on statutory time period]
     2.   __[State facts on which motion for dismissal is based,
e.g., Summons on the complaint has not been served and returned
within three years from the date of filing/This action has not
been brought to trial within five years from the date of
filing]__.
           [Option 2: If motion is based on failure to
                    use reasonable diligence]
     2.   Plaintiff has not prosecuted this action with
reasonable diligence in that __[state facts showing lack of
reasonable diligence, e.g., plaintiff has conducted no discovery
and has made no effort to bring the action to trial since the
action was filed over two years ago]__.
                      [Add if appropriate]
     3.   The parties stipulated in writing that the time to
__[e.g., serve and return the summons on the complaint/bring the
action to trial]__ may be extended to __[date]__, but that date
has passed and there is no stipulation now in effect.
                      [Add if appropriate]
     [4.] __[Defendant was not amenable to the process of the
Court/The jurisdiction of the Court to try this action was
suspended]__ from __[date]__, to __[date]__, because __[state
reasons]__.
                           [Continue]
     [5.] __[Continue declarant's statements]__.
     I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.


Date: _ _ _ _ _ _                                       [Signature]
                                                                                                         ____________________________
                                                                                                                                            __[Typed name]__
                                                                                                                                            __[Title if relevant]__
      

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Legal Forms : Set Two