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Motion in limine in California eviction after foreclosure

A motion in limine in a California eviction after foreclosure is the topic of this blog post. A motion in limine is authorized by Code of Civil Procedure section 128(a)(3)(8) as well as Evidence Code sections 353 and 400, et seq., and ample case law.

Used in the appropriate situations the filing of a motion in limine to exclude all evidence is a very powerful tool that can result in a huge win for a defendant in any eviction after foreclosure in California.

One very common ground for filing a motion in limine would be that the evidence offered by the plaintiff is inadmissible and should be excluded as the unlawful detainer complaint fails to disclose how the plaintiff complied with Civil Code sections 2932.5 and 2924 and on the further grounds that any documents offered by plaintiff are hearsay as the facts in the documents offered by plaintiff are disputed and therefore there are no issues of fact for which any relevant evidence might be admitted at the trial. The motion in limine can also request that the case be dismissed on the grounds that the plaintiff cannot show duly perfected title due to the fact that no notice of substitution of trustee was ever served or recorded as required by Civil Code section 2934a, and as a result the plaintiff lacks standing as they are not the real party in interest and cannot state any valid cause of action for eviction after foreclosure.

One California Court of Appeal has stated that the court’s inherent equity, supervisory, and administrative powers, as well as its inherent power to control litigation and conserve judicial resources allow the court to entertain a motion in limine to dismiss the entire action where the court believes that the plaintiff has failed to state a cause of action.

Anyone wishing to file a motion in limine should consult the local rules and the clerk in the department where the trial will be held as many local rules require a party to serve and file a motion in limine a certain number of days before the trial date.

Attorneys or parties in California that would like to view a portion of a sample 20 page motion in limine for an eviction after foreclosure that includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order sold by the author can see below.


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California eviction litigation document package

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

To view over 300 sample legal documents for California and Federal litigation sold by Stan Burman visit: http://www.scribd.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://www.legaldocspro.net/newsletter.htm for more information.

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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.






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