This document is a memorandum of points and authorities supporting a motion for damages and sanctions for breach of fiduciary duty under California family law. It outlines the request for sanctions and attorney's fees due to the other party's delay tactics and failure to comply with discovery requests. The motion will be based on filed declarations and exhibits, and proper filing and service procedures are emphasized.

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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 100 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 sanctions pursuant to Family Code § 271 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
ENGAGED IN DELAY TACTICS, ENGAGED IN CONDUCT THAT FRUSTRATED OR
PEVENTED AN EXPEDITIOUS SETTLEMENT OF THIS CASE AND/OR VIOLATED THE
PUBLIC POLICY OF EXPEDITIOUS RESOLUTION OF LEGAL DISPUTES SUCH AS
REFUSING TO COMPLY WITH REASONABLE DISCOVERY REQUESTS, FILING OF
NUMEROUS FRIVOLOUS MOTIONS OR OPPOSITIONS, BREACHED THEIR
FIDUCIARY DUTY TO DISCLOSE FINANCIAL INFORMATION, ETC. 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/262244074/Sample-Motion-for-Family-
Code-Section-271-Sanctions-in-California
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS