Q: Motion to set aside artifacts for submission to court pursuant ccp 473(b), with required pleading.

A: Under California law, when filing a motion to set aside a dismissal and submit an amended complaint, certain documents are essential, while others might be considered optional based on the specific circumstances of the case. The Notice of Motion and Motion for a scheduled hearing, along with the Declaration in support of the motion, are crucial. These documents formally request the court's permission to reconsider a previous ruling (in this case, a dismissal) and provide the legal and factual basis for why the court should grant such a request.

The Proposed Order to set aside the dismissal and the Proposed Order to file the Third Amended Complaint are technically optional, but they are highly recommended. Providing proposed orders is a common practice that helps streamline the process for the judge by suggesting the exact order the court might issue if it decides in your favor. Although the court is not bound to use these proposed orders and may modify them as seen fit, including them can make the process more efficient and demonstrate thorough preparation.

The Required Amended Complaint (in this case - Third) is not optional if the motion involves submitting an amended complaint. This document is essential because it contains the revised claims or defenses the party wishes to present. Without it, there's no substantive basis for the motion to set aside the dismissal, as the court needs to review the amendments to determine if they justify reopening the case. Each of these artifacts plays a specific role in the motion process, and their inclusion supports a clear, organized approach to seeking relief under CCP 473(b).