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Sample motion for sanctions under Code of Civil Procedure section 128.5 in california

This sample motion for sanctions under Code of Civil Procedure section 128.5 in California is filed on the grounds that another party has engaged in bad faith actions or or tactics that are frivolous or solely intended to cause unnecessary delay such as filing numerous frivolous motions or complaints. The sample is 13 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. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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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 of _________
Any Plaintiff,
Plaintiffs,
vs.
Any Defendant,
Defendant.
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Case No.
NOTICE OF MOTION AND MOTION FOR
SANCTIONS IN THE AMOUNT OF $______
UNDER CODE OF CIVIL PROCEDURE § 128.5
AGAINST __________; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION
OF ______; EXHIBITS
DATE:
TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address.
To view over 300 sample legal documents for California and
Federal litigation visit: http://www.scribd.com/LegalDocsPro
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
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Be sure to remove this notice and all other notices before using
this document. 1
TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
RECORD:
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 imposing sanctions in the amount of $_________ against
________________ pursuant to Code of Civil Procedure § 128.5 on the grounds that they have
engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay
in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST FOR
SANCTIONS SUCH AS FILING NUMEROUS FRIVOLOUS MOTIONS OR COMPLAINTS,
ETC., BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS.
The motion shall be based upon this notice of motion and motion, the attached memorandum
of points and authorities, the declaration of _________ and Exhibits attached thereto, on the complete
files and records of this action, and on such other oral and/or documentary evidence as may be
presented at the hearing on the Motion.
1Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
Be sure to modify these paragraphs to suit your individual
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
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to your particular situation. Note that you must give at least sixteen
(16) Court days notice, plus an additional five (5) calendar days if
notice of the motion is served by mail. Court days are Monday through
Friday, except for Court holidays.
Note that you MUST send a copy of the filed caption page of this
motion to the California Research Bureau of the California State
Library by email to crb@library.ca.gov as soon as possible after filing.
See Code of Civil Procedure section 128.5(h)(1) for more information at
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
lawCode=CCP&sectionNum=128.5.
To purchase the entire 13 page document visit:
https://legaldocspro.myshopify.com/products/sample-motion-for-
sanctions-under-code-of-civil-procedure-section-128-5-in-california
- 3 -
NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
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Sample motion for sanctions under Code of Civil Procedure section 128.5 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 of _________ Any Plaintiff, Plaintiffs, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR SANCTIONS IN THE AMOUNT OF $______ UNDER CODE OF CIVIL PROCEDURE § 128.5 AGAINST __________; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ______; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ 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 SANCTIONS UNDER CCP SECTION 128.5
  • 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. 1 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 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 imposing sanctions in the amount of $_________ against ________________ pursuant to Code of Civil Procedure § 128.5 on the grounds that they have engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST FOR SANCTIONS SUCH AS FILING NUMEROUS FRIVOLOUS MOTIONS OR COMPLAINTS, ETC., BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS. The motion shall be based upon this notice of motion and motion, the attached memorandum of points and authorities, the declaration of _________ and Exhibits attached thereto, on the complete files and records of this action, and on such other oral and/or documentary evidence as may be presented at the hearing on the Motion. 1Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies - 2 - NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
  • 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 to your particular situation. Note that you must give at least sixteen (16) Court days notice, plus an additional five (5) calendar days if notice of the motion is served by mail. Court days are Monday through Friday, except for Court holidays. Note that you MUST send a copy of the filed caption page of this motion to the California Research Bureau of the California State Library by email to crb@library.ca.gov as soon as possible after filing. See Code of Civil Procedure section 128.5(h)(1) for more information at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml? lawCode=CCP&sectionNum=128.5. To purchase the entire 13 page document visit: https://legaldocspro.myshopify.com/products/sample-motion-for- sanctions-under-code-of-civil-procedure-section-128-5-in-california - 3 - NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5