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Any Attorney or Party

Any Street
Any Town, CA 55555

714-555-5555

Any Attorney or Party

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Superior Court of the State of California

For the County of _________________

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Any Plaintiff,

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Plaintiff,
vs.
Any Defendants, and DOES 1-5, inclusive,
Defendants.

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Case No.
DECLARATION OF ______________
REGARDING COMPLIANCE WITH MEET AND
CONFER REQUIREMENTS OF CODE OF CIVIL
PROCEDURE 430.41

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You MUST meet and confer at least five (5) days BEFORE your
responsive pleading is due and must file and serve this declaration on

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- 1 DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS

or before the date your responsive pleading is due. If you comply with

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these requirements Code of Civil Procedure 430.41(a)(2) specifies

that you will receive an automatic 30-day extension of time to file a

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responsive pleading.
To read the entire text of Code of Civil Procedure 430.41 visit:
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=CCP&sectionNum=430.41.
Be sure to remove this notice and all other notices before using

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this document.
I, NAME OF PERSON SIGNING DECLARATION, declare as follows:

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USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING

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1.

I am an attorney duly admitted to practice law before the courts of the State of

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California and the attorney of record for ___________ in the above-captioned action entitled

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__________, now pending before the ________County Superior Court, as case number

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_____________.

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USE THE WORDING BELOW IF A PARTY IS SIGNING

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1.

I am the STATE YOUR PARTY CAPACITY in this action. I am over the age of 18

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years and have personal knowledge of the facts contained in this declaration, and if called as a

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witness, could and would testify competently to the following.

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- 2 DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS

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2.

I have personal firsthand knowledge of the facts set forth herein and if called

as a witness I could and would testify competently to the truth of the facts set forth in this declaration.
3.

I make this declaration regarding my compliance with the new meet and confer

requirements imposed by Code of Civil Procedure 430.41 before any demurrer may be filed with
the court.

USE THE FIRST EXAMPLE BELOW IF YOU WERE ABLE TO MEET AND

CONFER BUT WERE UNABLE TO REACH AN AGREEMENT

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4.

On STATE DATE which was at least five days before any responsive pleading was

due, I conferred by telephone or in person (State whether you conferred by telephone or in

person) with the party or the attorney for the party that filed the pleading namely the LIST HERE

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WHETHER COMPLAINT, CROSS-COMPLAINT OR ANSWER to determine whether an can

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be reached that would resolve the objections to be raised in the demurrer that I wanted to file as to the

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STATE SPECIFIC CAUSES OF ACTION THAT YOU WANT TO RAISE IN YOUR

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DEMURRER.

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5.

I clearly identified the legal support for the alleged deficiencies. However we were

not able to reach an agreement resolving the objections that were to be raised in the demurrer.
USE THE EXAMPLE BELOW IF THE OTHER PARTY FAILED TO RESPOND TO
YOUR MEET AND CONFER REQUEST OR WOULD NOT MEET AND CONFER IN
GOOD FAITH

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STATE NAME OF PARTY OR ATTORNEY THAT YOU ATTEMPTED TO MEET

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AND CONFER WITH did not respond to my request to meet and confer or did not otherwise meet

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and confer in good faith.

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- 3 DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS

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6.

STATE HERE ANY ADDITIONAL FACTS THAT SUPPORT YOUR

COMPLIANCE WITH THE NEW MEET AND CONFER REQUIREMENTS. ATTACH

ANY RELEVANT DOCUMENTS AS EXHIBIT 1, ETC.

Modify the wording here to fit your particular situation. Do

NOT just use the wording in this paragraph unless it definitely applies

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to your situation.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration is executed on ______________,20__ at
______________________,California.
___________________________________________________
NAME OF PERSON SIGNING DECLARATION

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- 4 DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS

PROOF OF SERVICE

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I am over the age of 18 and not a party to this action.

I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as:
DECLARATION OF COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF
CODE OF CIVIL PROCEDURE 430.41 to the following parties:

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NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY

[X] (By U.S. Mail) I deposited such envelope in the mail at ______________,
California with postage thereon fully prepaid. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
messenger service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
complete and without error.

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I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
DATED: ______________
_______________________________________
NAME OF PERSON SERVING PAPERS

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