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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.
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Case No.
NOTICE OF MOTION AND MOTION FOR
AWARD OF COST OF PROOF SANCTIONS
PURSUANT TO CODE OF CIVIL PROCEDURE §
2033.420(a) MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF __________,
EXHIBITS
DATE: TIME:
DEPT:
To subscribe to my FREE California weekly legal newsletter visit
http://legaldocspro.net/newsletter.htm and enter your e-mail
address.
To view over 300 sample legal documents for California and
Federal litigation visit: http://www.scribd.com/LegalDocsPro
- 1 -
NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
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Be sure to remove this notice and all other notices before using
this document.
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 does move this
Court:
1. For an order awarding cost of proof sanctions in the total amount of $______ pursuant
to the provisions of Code of Civil Procedure § 2033.420(a) on the grounds that __________ denied
the truth of matters specified in the requests for admission and the moving party proved the truth of
said matters at the trial of this action on ______________.
This motion is based upon this notice, the attached memorandum of points and authorities,
declaration of _____________, and exhibits attached thereto, and upon such further oral and
documentary evidence as may 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________________ _______________________________________________
- 2 -
NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
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ANY ATTORNEY OR PARTY
1MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE
SUCH AS CAUSES OF ACTION, DATE FILED, ETC.
On ____________ served requests for admission on ___________ requesting that they admit
the truth of certain matters specified in the requests for admission. Said requests for admission
included LIST HERE THE CERTAIN MATTERS THAT WERE SPECIFIED IN THE
REQUESTS FOR ADMISSION THAT WERE DENIED.
____________ failed to admit the truth of certain matters specified in the requests for
admission and instead denied certain matters specified in the requests for admission.
The certain matters were of such substantial importance in that trial would have been
expedited or shortened if the requests had been admitted in that LIST HERE THE FACTS
SUPPORTING YOUR CONTENTION THAT IF THE REQUESTS HAD BEEN ADMITTED
THE TRIAL WOULD HAVE BEEN EXPEDITED OR SHORTENED.
To view the sample document on which this preview is based visit:
https://www.scribd.com/doc/315608072/Sample-Motion-for-Cost-of-
Proof-Sanctions-in-California
- 3 -
NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS

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Sample motion for cost of proof sanctions in California

  • 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 AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE § 2033.420(a) MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 300 sample legal documents for California and Federal litigation visit: http://www.scribd.com/LegalDocsPro - 1 - NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
  • 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 Be sure to remove this notice and all other notices before using this document. 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 does move this Court: 1. For an order awarding cost of proof sanctions in the total amount of $______ pursuant to the provisions of Code of Civil Procedure § 2033.420(a) on the grounds that __________ denied the truth of matters specified in the requests for admission and the moving party proved the truth of said matters at the trial of this action on ______________. This motion is based upon this notice, the attached memorandum of points and authorities, declaration of _____________, and exhibits attached thereto, and upon such further oral and documentary evidence as may 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________________ _______________________________________________ - 2 - NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
  • 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 ANY ATTORNEY OR PARTY 1MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE SUCH AS CAUSES OF ACTION, DATE FILED, ETC. On ____________ served requests for admission on ___________ requesting that they admit the truth of certain matters specified in the requests for admission. Said requests for admission included LIST HERE THE CERTAIN MATTERS THAT WERE SPECIFIED IN THE REQUESTS FOR ADMISSION THAT WERE DENIED. ____________ failed to admit the truth of certain matters specified in the requests for admission and instead denied certain matters specified in the requests for admission. The certain matters were of such substantial importance in that trial would have been expedited or shortened if the requests had been admitted in that LIST HERE THE FACTS SUPPORTING YOUR CONTENTION THAT IF THE REQUESTS HAD BEEN ADMITTED THE TRIAL WOULD HAVE BEEN EXPEDITED OR SHORTENED. To view the sample document on which this preview is based visit: https://www.scribd.com/doc/315608072/Sample-Motion-for-Cost-of- Proof-Sanctions-in-California - 3 - NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS