XXX
XXX
XXX
XXX
XXX
Plaintiff In Pro Per
SUPERIOR COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXX
XXX,
Plaintiff
v.
XXX HOSPITAL
PRESBYTERIAN; and XXX
,
Defendants
Case No.: XXX
NOTICE OF MOTION FOR LEAVE TO
FILE AMENDED MOTION FOR
SUMMARY JUDGMENT
NOTICE OF MOTION
To ALL Defendants and to their Attorneys of Record:
Please TAKE NOTICE that on [ENTER DATE], at [ENTER TIME] or soon thereafter,
the Plaintiff herein will move this Court, in Department C25 for an order granting Plaintiff’s
Motion for Leave to File Amended Motion for Summary Judgment.
This motion will be based on the grounds that Plaintiff innocently omitted pertinent
documents in support of the original Motion for Summary Judgment.
Further, the motion will be based on this Notice of Motion, the Memorandum set forth
below, on the records and file herein, and on such evidence as may be presented at the hearing of
the motion.
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MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
Dated: [ENTER DATE]
Respectfully submitted,
Signature
_________________________
XXX
XXX
XXX
XXX
XXX
Plaintiff In Pro Per
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MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
XXX
[ENTER ADDRESS]
Plaintiff in Pro Per
SUPERIOR COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXX
XXX,
Plaintiff
v.
XXX HOSPITAL
PRESBYTERIAN; and XXX,
Defendants
Case No.: XXX
MOTION FOR LEAVE TO FILE
AMENDED MOTION FOR SUMMARY
JUDGMENT; & MEMORANDUM OF
POINTS AND AUTHORITIES IN
SUPPORT.
COMES NOW, Plaintiff, XXX, pro se, files this Motion for Leave to File
Amended Motion for Summary Judgment pursuant Cal. Code Civ. Proc. § 473. In support of this
Motion, Plaintiff states as follows:
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT
FACTUAL BACKGROUND
Plaintiff filed the first Motion for Summary Judgment. However, in the said filing,
Plaintiff made an innocent excusable omission of the supporting documents in support of the
motion.
Notably, Plaintiff’s original Motion for Summary Judgment lacked a Separate Statement
of Undisputed Material Facts, Evidence in Support of Motion for Summary Judgment, and
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MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
Request for Judicial Notice in Support of Motion for Summary Judgment.
In the interest of justice, Plaintiff files this Motion seeking the leave of this Honorable
Court, to accept Plaintiff’s Amended Motion for Summary Judgment.
ARGUMENTS
A. Granting Plaintiff leave to file the Amended Motion is in the interest of justice
According to Cal. Code Civ. Proc. § 473 (a)(1), the Court may grant leave, in the interest
of justice, to any party seeking to amend any pleading or proceeding. The said section provides
in pertinent part as follows:
The court may, in furtherance of justice, and on any terms as may be
proper, allow a party to amend any pleading or proceeding by adding or
striking out the name of any party, or by correcting a mistake in the name of a
party, or a mistake in any other respect; and may, upon like terms, enlarge the
time for answer or demurrer. The court may likewise, in its discretion, after
notice to the adverse party, allow, upon any terms as may be just, an
amendment to any pleading or proceeding in other particulars; and may upon
like terms allow an answer to be made after the time limited by this code.
(Emphasis added)
Plaintiff avers that it would be in the interest of justice to grant Plaintiff’s leave to file an
Amended Motion for Summary Judgment. Plaintiff mistakenly omitted the supporting
documents required under Cal. R. 3.1350(c). Plaintiff innocently had no knowledge that the
supporting documents were required to adequately argue a Motion for Summary Judgment.
Consequently, the Defendant has challenged Plaintiff’s original Motion for Summary Judgment
on the grounds that Plaintiff has not adhered to Cal. R. 3.1350(c).
Accordingly, Plaintiff’s original Motion for Summary Judgment lacked the following
pertinent supporting documents: a Separate Statement of Undisputed Material Facts, Evidence in
Support of Motion for Summary Judgment, and Request for Judicial Notice in Support of Motion
for Summary Judgment.
In the event this Court denies Plaintiff leave to file the Amended Motion, Plaintiff stands
losing the right to seek legal redress from the conduct of the Defendants as alleged in Plaintiff’s
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MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
Complaint. For that reason, Plaintiff has filed the Attached Motion for Summary Judgment, in
compliance with to Cal. R. 3.1350(c).
B. Plaintiff made an innocent error and/or omission in the original Motion for
Summary Judgment
In Jenkins v. McKeithen, 395 U.S. 411, 421 (1969), the U.S. Supreme Court held that Pro
se pleadings are to be considered without regard to technicality; pro se litigants’ pleadings are not
to be held to the same high standards of perfection as lawyers. See also, Picking v. Pennsylvania
R. Co., 151 Fed 2nd 240; and Pucket v. Cox, 456 2nd 233.
Accordingly, Pro Se Plaintiffs are subjected to a lesser strict standard than attorneys. See
Haines v. Kerner, 404 U.S. 520 (1971) (Here, Plaintiff-inmate filed pro se complaint against
prison seeking compensation for damages sustained while placed in solitary confinement. In
finding plaintiff’s complaint legally sufficient, Supreme Court found that pro se pleadings should
be held to "less stringent standards" than those drafted by attorneys.)
In the instant action, Plaintiff mistakenly filed the original Motion for Summary
Judgment, without including pertinent supporting documents pursuant to Cal. R. 3.1350(c).
Specifically, Plaintiff innocently left out a Separate Statement of Undisputed Material Facts,
Evidence in Support of Motion for Summary Judgment, and Request for Judicial Notice in
Support of Motion for Summary Judgment.
Accordingly, Plaintiff requests this Court acknowledges Plaintiff’s mistake, and grant
Plaintiff leave to file a compliant Amended Motion for Summary Judgment.
CONCLUSION
Based on the above, Plaintiff XXX respectfully requests that the Court grant
this Motion for Leave to file Amended Motion for Summary Judgment.
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MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE],
copies of the foregoing document have been sent to
the Defendant in the following address:
XXX
XXX
XXX
XXX
XXX
Attorneys for Defendant, Hoag Memorial Hospital Presbyterian
DATED: ______________
Respectfully submitted,
Signature
_________________________
XXX
XXX
XXX
XXX
XXX
Plaintiff In Pro Per
Respectfully submitted,
Signature
_________________________
XXX
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XXX
Plaintiff In Pro Per
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