Sample Motion For Sanctions Under Code of Civil Procedure Section 128.5 in California
Uploaded by
Stan BurmanSample Motion For Sanctions Under Code of Civil Procedure Section 128.5 in California
Uploaded by
Stan Burman1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Any Attorney or Party
8 Superior Court of the State of California
For the County of _________
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11 Any Plaintiff, ) Case No.
)
12 Plaintiffs, ) NOTICE OF MOTION AND MOTION FOR
) SANCTIONS IN THE AMOUNT OF $______
13 vs. ) UNDER CODE OF CIVIL PROCEDURE 128.5
) AGAINST __________; MEMORANDUM OF
Any Defendant, ) POINTS AND AUTHORITIES; DECLARATION OF
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) ______; EXHIBITS
Defendant. )
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) DATE:
) TIME:
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) DEPT:
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)
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20 To subscribe to my FREE weekly legal newsletter visit
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23 address.
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
1 Be sure to remove this notice and all other notices before using
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this document.
4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon
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thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at
9 ________________________, _________, ____________ will and hereby does move this Court:
10 1. For an order imposing sanctions in the amount of $_________ against
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________________ pursuant to Code of Civil Procedure 128.5 on the grounds that they have
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engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay
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in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST FOR
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15 SANCTIONS SUCH AS FILING NUMEROUS FRIVOLOUS MOTIONS OR COMPLAINTS,
16 ETC., BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS.
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The motion shall be based upon this notice of motion and motion, the attached memorandum
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of points and authorities, the declaration of _________ and Exhibits attached thereto, on the complete
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files and records of this action, and on such other oral and/or documentary evidence as may be
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21 presented at the hearing on the Motion.
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Dated________________ _______________________________________________
24 ANY ATTORNEY OR PARTY
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26 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
1 to your particular situation. Note that you must give at least sixteen
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(16) Court days notice, plus an additional five (5) calendar days if
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notice of the motion is served by mail. Court days are Monday through
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6 Friday, except for Court holidays.
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Note that you MUST send a copy of the filed caption page of this
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9 motion to the California Research Bureau of the California State
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Library by email to [email protected] as soon as possible after filing.
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See Code of Civil Procedure section 128.5(h)(1) for more information at
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14 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
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lawCode=CCP§ionNum=128.5.
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17 To purchase the entire 13 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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sanctions-under-code-of-civil-procedure-section-128-5-in-california
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
