Sample California motion for protective order regarding interrogatories

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This sample California motion for a protective order regarding special interrogatories is made pursuant to Code of Civil Procedure 2030.090 and is used when the propounding party has propounded more than 35 special interrogatories without attaching the declaration for additional discovery required, and that the interrogatories are clearly not relevant to any claim or defense involved in the action and are unduly burdensome and oppressive. The sample motion also requests sanctions. The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995.

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Sample California motion for protective order regarding interrogatories

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION FOR PROTECTIVE ORDER REGARDING SPECIAL INTERROGATORIES; AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $_________, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: 1TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at __________________________, ___________________________will and hereby do move this Court: 1. For a protective order that the moving party need not answer interrogatories 36 through __ of Set One, on the grounds that no declaration for additional discovery was included as - 1 - NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER-INTERROGATORIES
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required by Code of Civil Procedure Section 2030.050 which requires that a specifically worded declaration be included whenever a party propounds more than 35 specially prepared interrogatories; 2. For a protective order that the moving party need not answer interrogatories LIST NUMBERS HERE of Set One, on the grounds that unless a protective order is issued the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense pursuant to Code of Civil Procedure section 2030.090(b) and Code of Civil Procedure section 2030.090(b)(1); and 3. For an order of sanctions as against ______________________________, in the amount of $____________ for their blatant failure and refusal to meet and confer in a reasonable good faith effort to reach an informal resolution of this matter. This motion is brought pursuant to Code of Civil Procedure Section 2016.010 et seq., on the grounds that ____________ propounded more than 35 specially prepared interrogatories without including the supporting declaration required by law, and has propounded ___ specially prepared interrogatories that clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure section 2017.010, and on the further grounds that the interrogatories are unduly burdensome and oppressive. The moving party further requests pursuant to Code of Civil Procedure section 230.090(d), the sum of $___________ in sanctions against _____________________. This Motion is made upon the grounds that ____________ the moving party has made reasonable good faith efforts to reach an informal resolution of this matter without the need for judicial intervention but ___ has rebuffed all efforts. This motion is based upon this notice, the attached memorandum of points and authorities, declaration of _____________, and exhibits, and upon such oral and documentary evidence as may - 2 - NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER-INTERROGATORIES
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be presented to the Court by _________________ at the time of the hearing. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do NOT ask for attorney’s fees if you are not represented by an attorney. 1Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY To view the sample document on which this preview is based visit: http://www.scribd.com/doc/215689466/Sample-Motion-for-Protective- Order-Regarding-Interrogatories-for-California - 3 - NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER-INTERROGATORIES

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