STIPULATION AND [PROPOSED] ORDER

(California Superior Court – General Civil Matters)

[// GUIDANCE: Many California judges require proposed orders in editable format and may demand a declaration establishing good cause. Include a succinct factual basis and cite the applicable statutory or rule authority. For stipulated continuances of trial, consult Cal. Rules of Court 3.1332(c) and any department-specific standing orders.]

1. CAPTION

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

Attorney for [PARTY NAME]

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

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]
[Unlimited / Limited] Civil
[DEFENDANT NAME],
Defendant.

2. STIPULATION OF PARTIES

Plaintiff [PLAINTIFF NAME] and Defendant [DEFENDANT NAME] (collectively, the “Parties”) stipulate and agree as follows:

1. Background.
   - On [DATE], the Court issued [IDENTIFY ORDER/MINUTE ORDER].
   - The current [DEADLINE/HEARING/TRIAL] is scheduled for [DATE].

2. Stipulated Terms.
   a. [TERM 1: e.g., “The Parties agree that the Case Management Conference presently set for [DATE] be continued to [DATE] at [TIME], or such other date set by the Court.”]
   b. [TERM 2: e.g., “Written discovery deadlines are adjusted so that all responses shall be served by [DATE], with motions to compel heard no later than [DATE].”]
   c. [TERM 3: e.g., “The Parties will participate in mediation with [MEDIATOR] on or before [DATE] pursuant to Cal. Rules of Court 3.724.”]
   d. [Additional numbered terms as necessary.]

3. Authority. This stipulation is presented under Code Civ. Proc. § [CITE SECTION], Cal. Rules of Court [CITE RULE], and any applicable local rule because [BRIEF GOOD CAUSE STATEMENT].

4. Reservation of Rights. Except as expressly set forth herein, nothing in this stipulation waives any right, claim, or defense of any party.

5. Request for Order. The Parties respectfully request that the Court approve this stipulation and enter an order embodying these terms pursuant to Cal. Rules of Court 3.1312.

3. SIGNATURES

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DATED: [DATE]

[LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
Attorneys for [PLAINTIFF]

[SECOND LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
Attorneys for [DEFENDANT]

[// GUIDANCE: Insert additional signature blocks for each party, including cross-complainants, intervenors, or self-represented litigants. Use “/s/ Name” for electronic submissions consistent with Cal. Rules of Court 2.257.]

4. [PROPOSED] ORDER

text
The Court, having considered the Parties’ Stipulation and finding good cause, orders as follows:

1. The Stipulation is APPROVED and incorporated herein.
2. [ORDERED TERM 1].
3. [ORDERED TERM 2].
4. [ORDERED TERM 3 / ADDITIONAL RELIEF].

All other dates and requirements remain in effect unless expressly modified above.

IT IS SO ORDERED.

Dated: __ _______
Hon. [JUDGE NAME]
Judge of the Superior Court
[// GUIDANCE: Many departments require the judge’s department number beneath the signature line. Add “Department [#]” if requested.]

5. PROOF OF SERVICE

text
I am employed in the County of [COUNTY], State of California. I am over the age of 18 and not a party to this action. My business address is [ADDRESS]. On [DATE], I served the foregoing STIPULATION AND [PROPOSED] ORDER on the interested parties in this action as follows:

☐ By Electronic Service (Code Civ. Proc. § 1010.6; Cal. Rules of Court 2.251): [NAME / EMAIL]
☐ By United States Mail (Code Civ. Proc. § 1013): [NAME / ADDRESS]
☐ By Overnight Delivery (Code Civ. Proc. § 1013(c))
☐ By Personal Service (Code Civ. Proc. § 1011)

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], California.

[NAME OF DECLARANT]
[// GUIDANCE: Modify the service declaration to match the actual method used. Some counties require form POS-040 or POS-030—substitute the required form if mandated.]

6. FILING & SERVICE CHECKLIST

• Confirm procedural authority. Verify the stipulation cites the applicable statute or rule (e.g., Code Civ. Proc. §§ 473, 664.6; Cal. Rules of Court 3.1332) and addresses any local department order governing continuances or deadline changes.
• Prepare compliant submission packages. Upload the stipulation and proposed order in editable format if required by the court’s e-filing procedures (Cal. Rules of Court 2.252) and include any mandatory coversheets or reservation forms such as Los Angeles Superior Court Form LASC CIV 109.
• Serve all parties properly. Update the proof of service to reflect the actual delivery method (electronic, mail, overnight, personal) and ensure compliance with Code Civ. Proc. §§ 1010.6 and 1013, as well as any standing order requiring courtesy copies or departmental email service.