1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF _________

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Any Plaintiff, ) Case No.
12 )
Plaintiff, ) NOTICE OF MOTION AND MOTION FOR ORDER
13 ) FOR SUBSTITUTION AND DISCHARGE OF
vs. ) DEFENDANTS [CODE OF CIVIL PROCEDURE
14 ) 386(a)]; MEMORANDUM OF POINTS AND
Any Defendant, and DOES 1 through 100, ) AUTHORITIES; DECLARATION OF
) __________________
15
Defendants. )
) DATE:
16
) TIME:
) DEPT:
17
)
)
18 )
)
19 )
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- 1 -
NOTICE OF MOTION AND MOTION FOR SUBSTITUTION AND DISCHARGE OF DEFENDANTS
 1 Remove this notice and all other notices before using this
2

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document.
4 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE THAT on _____________, 20__ at ___.M., or as soon thereafter as
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the matter can be heard in ______ of the above-entitled Court located at______________________,
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Defendants, ___________________ will and do move this Court for an order pursuant to Code of

9 Civil Procedure 386(a) substituting ___________, as a Defendant in this action and to discharge

10 Defendants, _________________________from liability to either Plaintiff, ___________________,

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or_________________ on the deposit of the sum of $_____ with the clerk of this Court.
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Defendants, ____________________will and do also move for an order allowing them to
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recover costs and reasonable attorneys fees incurred in the action herein pursuant to Code of Civil
14

15 Procedure 386.6(a) to be paid out of the sum of money deposited with the Clerk of this Court.

16 The motion will be made on the grounds that the causes of action alleged in Plaintiffs
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complaint for _____________, that ______________, has made a demand consisting of
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_________________ without any collusion with Defendants herein, that Defendants herein have no
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interest in the sum of money deposited with the clerk of this Court claimed by Plaintiff ,
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21 ________________ and ____________________, and that Defendants herein cannot safely

22 determine which claim is valid.

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The motion will be based on this notice of motion and motion, the attached memorandum of
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points and authorities, the attached declaration of _________, the records and files of this action, and
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on such other and further oral and/or documentary evidence as may be presented at the hearing on
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27 this motion.

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NOTICE OF MOTION AND MOTION FOR SUBSTITUTION AND DISCHARGE OF DEFENDANTS
 1 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
4
to your particular situation.
5

7 Dated________________ _____________________________________________
ANY ATTORNEY OR PARTY
8

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12
for-substitution-of-parties-under-code-of-civil-procedure-
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14
section-386a-in-california
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NOTICE OF MOTION AND MOTION FOR SUBSTITUTION AND DISCHARGE OF DEFENDANTS