1 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

9 For the County _________________

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11 Any Plaintiff, ) Case No.

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12 NOTICE OF MOTION AND MOTION TO COMPEL
Plaintiff, )
ATTENDANCE AT DEPOSITION AND
)
13 PRODUCTION OF DOCUMENTS, AND FOR
vs. )
MONETARY SANCTIONS IN THE AMOUNT OF
)
14 $_________, MEMORANDUM OF POINTS AND
Any Defendant, )
AUTHORITIES, DECLARATION OF __________,
)
EXHIBITS
15 Defendant. )
) DATE: TIME:
16 )
DEPT:
)
17 )
)
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19 TO: NAME AND CAPACITY OF PARTY THAT FAILED TO ATTEND THE

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DEPOSITION AND THEIR ATTORNEY OF RECORD HEREIN:
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PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
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as the matter may be heard, in Department ________ of the above-entitled court, located at
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24 NAME AND CAPACITY OF MOVING PARTY , ___________________________will and

25 hereby does move this Court:

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NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON
 1 1. For an order compelling NAME AND CAPACITY OF PARTY THAT FAILED TO
2 ATTEND THE DEPOSITION to attend their deposition, and for production of the documents
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specified in the deposition notice served upon them; and
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2. For an order of sanctions as against NAME AND CAPACITY OF PARTY THAT FAILED
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TO ATTEND THE DEPOSITION in the amount of $LIST AMOUNT for their blatant failure and

7 refusal to appear at the duly noticed deposition and produce documents.

8 This motion is brought pursuant to Code of Civil Procedure 2025.450 on the grounds
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that NAME AND CAPACITY OF PARTY THAT FAILED TO ATTEND THE DEPOSITION
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failed to appear for their duly noticed deposition on LIST DATE and did not
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serve any valid objection on the moving party. The moving party further requests pursuant to Code
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13 of Civil Procedure 2025.450(g)(1), the sum of $LIST AMOUNT in sanctions against NAME AND

14 CAPACITY OF PARTY THAT FAILED TO ATTEND THE DEPOSITION.

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This Motion is made upon the grounds that NAME AND CAPACITY OF MOVING
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PARTY provided proper notice of the deponents deposition in a timely manner in accordance with
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Code of Civil Procedure 2025.010 et seq., and NAME AND CAPACITY OF PARTY THAT
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19 FAILED TO ATTEND THE DEPOSITION refused to appear for their duly noticed deposition.

20 This motion is based upon this notice, the attached memorandum of points and authorities,
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declaration of MOVING PARTY, and exhibits, and upon such oral and documentary evidence as
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may be presented to the Court at the time of the hearing.
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Be sure to modify these paragraphs to suit your individual
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26 situation. Do NOT just use the wording here unless it definitely applies
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NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON
 1 to your particular situation. Do NOT ask for attorneys fees if you are
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not represented by an attorney.
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Dated________________ _______________________________________________
6 ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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PRELIMINARY STATEMENT
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5 MOVING PARTY, (Moving party) hereby submits their memorandum of points and
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authorities in support of this motion seeking an order compelling OTHER PARTY to appear for
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examination at deposition, and to produce the documents requested in the deposition notice that was
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served on them on LIST DATE.

10 A motion to compel a party deponent's attendance must be accompanied by a declaration

11 stating facts showing a reasonable, good-faith attempt at informal resolution of each issue presented.
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Code of Civil Procedure 2025.520(b)(2). Moving party has herein satisfied that requirement as the
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declaration of MOVING PARTY and Exhibits attached thereto show the diligence of the moving
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party in attempting an informal resolution of this matter without the need for judicial intervention.
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16 This motion should be granted because the moving party has properly completed a good faith

17 meet and confer effort regarding the failure of OTHER PARTY to appear for deposition and produce
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documents. Despite the fact that counsel for moving party sent several meet and confer letters to
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OTHER PARTY, no response has been received by counsel. Further OTHER PARTY failed to
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serve any valid objection as required by Code of Civil Procedure 2025.410. Their refusal to appear
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22 for the deposition and produce documents is an abuse of the discovery process and they must be held

23 to answer for it.

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Because the moving party was forced to bring this motion to compel attendance at deposition
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and production of documents, the moving party requests sanctions in the amount of $LIST
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AMOUNT pursuant to Code of Civil Procedure 2025.450(g)(1). As set forth herein, this motion
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28 should be granted.

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NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON
 1 To purchase the entire 14 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-to-
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compel-attendance-at-deposition-for-california
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NOTICE OF MOTION AND MOTION TO COMPEL ATTENDANCE AT DEPOSITON