STATE COURT MOTION TO DISMISS

(California Superior Court – Template)

[// GUIDANCE: This template is drafted for use in California Superior Courts and is designed to be customized by counsel. Bracketed items must be completed or modified to fit the specific matter, venue, and local rules. Citations provided are limited to core statutory provisions in compliance with the Citation Policy. Confirm any additional local rule requirements before filing.]

TABLE OF CONTENTS

1. Caption ..................................................................................................................... 1
2. Notice of Motion and Motion ................................................................................. 2
3. Memorandum of Points and Authorities ............................................................. 4
   3.1 Introduction ............................................................................................. 4
   3.2 Procedural Background ........................................................................... 4
   3.3 Legal Standard ......................................................................................... 5
   3.4 Argument .................................................................................................. 6
   3.4.1 Failure to State a Cause of Action (CCP § 430.10(e)) ................. 6
   3.4.2 Uncertainty (CCP § 430.10(f)) ....................................................... 7
   3.4.3 Lack of Subject-Matter Jurisdiction (CCP § 430.10(a)) .............. 7
   3.5 Conclusion ............................................................................................... 8
4. Declaration of Counsel re: Meet-and-Confer (CCP § 430.41) .............................. 9
5. [Proposed] Order .................................................................................................. 11
6. Proof of Service .................................................................................................... 13

(Page numbers will auto-generate upon final formatting)

1. CAPTION

text
[ATTORNEY OR PARTY WITHOUT ATTORNEY]
Name: [NAME] (SBN [NUMBER])
Firm: [LAW FIRM NAME]
Address: [STREET, CITY, STATE ZIP]
Telephone: [TEL] | Facsimile: [FAX]
E-Mail: [EMAIL]

Attorney for Defendant [DEFENDANT NAME]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF [COUNTY NAME]

[PLAINTIFF NAME], ) Case No. [CASE NUMBER]
Plaintiff, )
v. ) Assigned to: Hon. [JUDGE NAME]
) Dept.: [DEPT]
[DEFENDANT NAME], )
Defendant. ) NOTICE OF MOTION AND
) MOTION TO DISMISS
) [Complaint / First Amended Complaint]
) Hearing Date: [MM/DD/YYYY]
) Hearing Time: [TIME]
) Reservation ID: [IF APPLICABLE]
) Action Filed: [MM/DD/YYYY]

2. NOTICE OF MOTION AND MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [Hearing Date] at [Time] a.m./p.m., or as soon thereafter as the matter may be heard in Department [Dept.] of the above-entitled court, located at [Courthouse Address], Defendant [Defendant Name] (“Defendant”) will, and hereby does, move this Court for an order dismissing the [Complaint / First Amended Complaint] (“Complaint”) of Plaintiff [Plaintiff Name] (“Plaintiff”) pursuant to California Code of Civil Procedure (“CCP”) section 430.10 on the following grounds:

1. Failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e));
2. Uncertainty (CCP § 430.10(f)); and/or
3. Lack of subject-matter jurisdiction (CCP § 430.10(a)).

The motion is based on this Notice, the accompanying Memorandum of Points and Authorities, the Declaration of [Counsel Name] filed herewith, the pleadings and records on file in this action, and any further evidence or argument that may be presented at or before the hearing.

Pursuant to CCP section 430.41, counsel for Defendant met and conferred in good faith with counsel for Plaintiff prior to filing this motion, as detailed in the accompanying Declaration.

DATED: [MM/DD/YYYY]

text
Respectfully submitted,

[LAW FIRM NAME]

By: ______
[ATTORNEY NAME]
Attorneys for Defendant [DEFENDANT NAME]

3. MEMORANDUM OF POINTS AND AUTHORITIES

3.1 Introduction

[// GUIDANCE: Provide a concise overview (1–2 paragraphs) explaining why dismissal is warranted. Tailor the summary to the specific defects in the pleading.]

3.2 Procedural Background

1. Plaintiff filed the Complaint on [Date] asserting causes of action for [List].
2. Defendant was served on [Date] and timely filed this Motion within the statutory period.
3. Pursuant to CCP § 430.41(a), counsel engaged in a telephonic meet-and-confer on [Date]; Plaintiff declined to amend.

3.3 Legal Standard

Under CCP section 430.10, a defendant may challenge a pleading on multiple grounds, including:
• CCP § 430.10(e): failure to state facts sufficient to constitute a cause of action;
• CCP § 430.10(f): uncertainty;
• CCP § 430.10(a): lack of subject-matter jurisdiction.

A pleading subject to any of these deficiencies must be dismissed unless the defect can be cured by amendment (see CCP § 472a). The Court may, in its discretion, grant leave to amend; however, leave should be denied where amendment would be futile.

3.4 Argument

3.4.1 Failure to State a Cause of Action (CCP § 430.10(e))

[Insert element-by-element analysis for each claim. Use sub-headings for clarity.]
a. First Cause of Action – [Specify]
• Element 1: [Explain insufficiency]
• Element 2: …

[// GUIDANCE: Avoid citing case law per Citation Policy; rely on statutory elements, jury instruction elements (CACI), or plain statutory language.]

3.4.2 Uncertainty (CCP § 430.10(f))

The Complaint is so ambiguous and unintelligible that Defendant cannot reasonably respond, because:
1. Paragraph [#] incorporates multiple causes of action without distinguishing specific facts;
2. The prayer seeks relief inconsistent with alleged damages;
3. [Any other uncertainty points].

3.4.3 Lack of Subject-Matter Jurisdiction (CCP § 430.10(a))

[If applicable – e.g., amounts in controversy below jurisdictional threshold, exclusive federal jurisdiction, or failure to exhaust administrative remedies.]

3.5 Conclusion

For the foregoing reasons, Defendant respectfully requests that the Court dismiss the Complaint [with prejudice / without leave to amend] and award such further relief as the Court deems just and proper.

4. DECLARATION OF [COUNSEL NAME]

I, [Counsel Name], declare as follows:

1. I am an attorney duly licensed to practice before all courts of the State of California and am counsel of record for Defendant in this action.
2. On [Date], I initiated a telephonic (and follow-up email) meet-and-confer with [Opposing Counsel Name] pursuant to CCP § 430.41(a). During that conference, I explained the substantive defects identified in this Motion and requested Plaintiff amend the Complaint.
3. Opposing counsel refused to amend. A true and correct copy of my follow-up email summarizing the discussion is attached hereto as Exhibit A.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [Date] at [City, State].

text

[COUNSEL NAME]

5. [PROPOSED] ORDER

text
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF [COUNTY NAME]

[PLAINTIFF NAME], ) Case No. [CASE NUMBER]
Plaintiff, )
v. ) [PROPOSED] ORDER GRANTING
) DEFENDANT’S MOTION TO DISMISS
[DEFENDANT NAME], ) [Complaint / First Amended Complaint]
Defendant. ) Hearing Date: [MM/DD/YYYY]
) Hearing Time: [TIME]
) Dept.: [DEPT]
The Court, having considered Defendant’s Motion to Dismiss, the pleadings, papers, and arguments of counsel, and good cause appearing, hereby ORDERS:

1. Defendant’s Motion to Dismiss is GRANTED.
2. The [Complaint / First Amended Complaint] is dismissed [with / without] prejudice.
3. Plaintiff is granted [0/10/15] days leave to amend. [Delete if dismissal is with prejudice]
4. Defendant shall recover its costs of suit.

IT IS SO ORDERED.

DATED: ___

JUDGE OF THE SUPERIOR COURT

6. PROOF OF SERVICE

[// GUIDANCE: Select the service method(s) that apply (electronic, mail, personal). California Rules of Court rule 2.251 governs electronic service; CCP § 1013 governs mail service.]

text
PROOF OF SERVICE
I am employed in the County of [County], State of California. I am over the age of 18 and not a party to the within action. My business address is [Address].
On [Date], I served the foregoing document entitled:

NOTICE OF MOTION AND MOTION TO DISMISS;
MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF [COUNSEL];
[PROPOSED] ORDER

on the interested parties in this action by [ ] electronic service / [ ] U.S. Mail / [ ] personal service as follows:

[Name, Firm, Address, Email]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [Date] at [City, State].

[Name]

KEY CALIFORNIA FILING & HEARING REQUIREMENTS

1. Minimum notice: 16 court days before hearing (CCP § 1005(b)) + additional days depending on service method.
2. Reservation system: Many counties (e.g., Los Angeles, Orange) require online reservation of hearing dates.
3. Page limits: No statewide limit for motions; check local rules (e.g., Los Angeles Local Rule 3.1113).
4. Tentative rulings: Some courts issue tentative rulings under CRC rule 3.1308; verify local practice and confirm deadlines to request oral argument.
5. Oral argument: Counsel should appear unless the court’s tentative ruling has been accepted under local rules.

[// GUIDANCE: Always review the particular department’s standing order for additional formatting (e.g., font size, line spacing) and courtesy-copy requirements.]

END OF TEMPLATE