Você está na página 1de 4

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 of _________________

10

11 Any Plaintiff, ) Case No.


)
NOTICE OF MOTION AND MOTION FOR
12 Plaintiff, )
TERMINATING SANCTIONS, MEMORANDUM
)
OF POINTS AND AUTHORITIES, DECLARATION
13 vs. )
OF __________, EXHIBITS
)
14 Any Defendant, ) DATE: TIME:
) DEPT:
Defendant. )
15
)
)
16
)
)
17
)
18
TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN:
19
PLEASE TAKE NOTICE that on ____________, 20__, at _______.m. or as soon thereafter
20
as the matter may be heard, in Department ________ of the above-entitled court, located at
21

22 __________________________, ___________________________will and hereby does move this

23 Court for terminating sanctions by an order striking defendants answer and rendering judgment by
24
default against defendant ___________________based on defendants willful failure to comply with
25
this Courts numerous orders compelling responses to plaintiffs interrogatory on defendant.
26
This motion is made on the grounds that, per Code of Civil Procedure 2030.290(c),
27

28 defendant has failed to respond to two court orders compelling response to an interrogatory.

- 1 -
NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 Defendant has demonstrated a consistent persistent and willful noncompliance in plaintiffs
2 discovery efforts, engaging in repeated and egregious violations of the discovery laws that impair
3
plaintiffs rights and threaten the integrity of the judicial process.
4
This motion is based on this notice, the pleadings, records, and files in this action; the
5

6
attached memorandum of points and authorities, the supporting declaration of _____________ and

7 exhibits attached thereto, and any further oral and/or documentary evidence presented at the hearing.

9 Dated________________ _______________________________________________
10
ANY ATTORNEY OR PARTY

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
PRELIMINARY STATEMENT
4
Plaintiff filed a complaint alleging defamation of character against defendant in
5

6
_____________. Plaintiff seeks terminating sanctions against defendant for his willful, fourteen

7 month long abuse of the discovery process and utter failure to participate in plaintiffs discovery

8 efforts and advancement of the case. To date, Defendant has ignored a subpoena, plaintiffs first
9
interrogatory on defendant, and four court orders compelling compliance with the two discovery
10
documents, and utterly ignores plaintiffs attempts to meet and confer.
11

12 Be sure to modify these paragraphs to suit your individual


13
situation. Do NOT just use the wording here unless it definitely applies
14

15 to your particular situation.


16
II.
17
LEGAL ARGUMENT
18

19 A. TERMINATING SANCTIONS ARE AVAILABLE AND PROPER FOR

20 FAILURE TO OBEY COURT ORDERS COMPELLING RESPONSE TO


21
INTERROGATORY
22
Defendant has failed to respond to Plaintiffs properly served interrogatories and has also
23
disobeyed this Courts two orders that he do so, and fails to participate in meet and confer efforts
24

25 seeking to resolve this issue.

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 Pursuant to C.C.P. 2023.010(d), (g), and (i), failing to respond or to submit to authorized
2 methods of discovery, disobeying a court order to provide discovery, and failing to confer are
3
all misuses of the discovery process.
4

5
To purchase the entire 17 page document please visit:
6
https://legaldocspro.myshopify.com/products/sample-motion-for-
7

8 terminating-sanctions-in-california
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 4 -
NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS