This document outlines a memorandum of points and authorities supporting a motion for damages and sanctions for breach of fiduciary duty under specific Family Code sections. It details the grounds for the motion, including concealment of community property and attempts at fraud by the opposing party. The document emphasizes the necessity of adapting the content to the individual situation and following proper court filing protocols.

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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 _________________
In re the marriage of:
Petitioner: _________________________
and
Respondent:____________________________
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Case No.
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF MOTION FOR
DAMAGES AND SANCTIONS FOR BREACH OF
FIDUCIARY DUTY UNDER FAMILY CODE
SECTIONS 721 AND 1101 AND REQUEST FOR
SANCTIONS PURSUANT TO FAMILY CODE
SECTION 271; DECLARATION OF ________;
EXHIBITS
DATE:
TIME:
DEPT:
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS

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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
NAME AND CAPACITY OF MOVING PARTY herein submits their Memorandum of
Points and Authorities in support of their motion for damages and sanctions for breach of fiduciary
duty under Family Code §§ 721, 1101 on the grounds that LIST HERE THE GROUNDS SUCH
AS THE OTHER PARTY BREACHED THEIR FIDUCIARY DUTY AND CONCEALED
COMMUNITY PROPERTY AND DID SO IN AN ATTEMPT TO DEFRAUD YOU, ETC. and
for as sanctions pursuant to Family Code §§ 271, 2100 in the amount of $_______ and attorney’s fees
in the amount of $_______ for a total award of sanctions and attorney’s fees in the amount of
$________ against _____________ on the grounds that LIST HERE THE GROUNDS SUCH AS
THE OTHER PARTY AND/OR THEIR COUNSEL CONCEALED COMMUNITY
PROPERTY AND DID SO IN AN ATTEMPT TO DEFRAUD YOU, ETC. AND BREACHED
THEIR FIDUCIARY DUTY as more fully set forth in the declaration(s) of __________ and
exhibits attached thereto, concurrently filed and served herewith and incorporated herein by
reference.
The motion will be based on the notice of motion or request for order and the memorandum of
points and authorities concurrently served and filed herewith, on the declaration of __________ and
Exhibits attached thereto concurrently served and filed herewith, on the papers and records on file
herein, and on such oral and documentary evidence as may be presented at the hearing of the motion
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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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS

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to your particular situation. Do NOT ask for attorney’s fees if you are
representing yourself unless you have actually incurred attorney’s fees.
Note that you MUST personally file and serve all of your
documents including the motion or request for order as well as all other
supporting documents on the other party at least sixteen (16) Court
days before the hearing date. Note that Court days means Monday
through Friday not counting Court holidays.
Check with the clerk of your Court to determine if there are any
additional requirements imposed by your particular Court.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
To view the sample document on which this preview is based visit:
https://www.scribd.com/doc/265180510/Sample-Motion-for-Family-
Code-Section-1101-Damages-and-Sanctions
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS