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Any Attorney or Party


Any Street
Any Town, CA 55555

714-555-5555

Any Attorney or Party

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Superior Court of the State of California

For the County _________________

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Any Plaintiff,

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Plaintiff,

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vs.
Any Defendant,

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Defendant.

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Case No.
NOTICE OF MOTION AND MOTION TO COMPEL
TESTIMONY AT DEPOSITION AND
PRODUCTION OF DOCUMENTS, AND FOR
MONETARY SANCTIONS IN THE AMOUNT OF
$_________, MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF __________,
EXHIBITS
DATE:

TIME:
DEPT:

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1TO: _____________________________ AND THEIR ATTORNEY OF


RECORD HEREIN:

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PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter

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as the matter may be heard, in Department ________ of the above-entitled court, located at

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__________________________, ___________________________will and hereby do move this

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Court:

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- 1 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

1.

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For an order compelling ___________________________ to testify at their

deposition, and for production of the documents specified in the deposition notice served upon them;
and
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For an order of sanctions as against ______________________________,

in the amount of $____________ for their blatant failure and refusal to answer any questions at the
duly noticed deposition and produce documents.
This motion is brought pursuant to Code of Civil Procedure Section 2025.480 on the grounds
that ___________ refused to answer any questions at their deposition on _______, and also did not
produce any of the requested documents that were listed in the deposition notice. The moving party
further requests pursuant to Code of Civil Procedure section 2025.480(j), the sum of $___________
in sanctions against _____________________.
This Motion is made upon the grounds that ____________ provided proper notice of the
deponents deposition in a timely manner in accordance with Code of Civil Procedure Section
2025.010 et seq., and ______________ refused to answer any questions or produce any documents at

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their duly noticed deposition.


This motion is based upon this notice, the attached memorandum of points and authorities,

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declaration of _____________, and exhibits, and upon such oral and documentary evidence as may

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be presented to the Court by _________________ at the time of the hearing.

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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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to your particular situation. Do NOT ask for attorneys fees if you are
not represented by an attorney.

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- 2 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

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1Dated________________

_______________________________________________
ANY ATTORNEY OR PARTY

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- 3 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

1MEMORANDUM OF POINTS AND AUTHORITIES

I.

PRELIMINARY STATEMENT

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___________________________________________, (the moving party) hereby submits


their memorandum of points and authorities in support of this motion seeking an order compelling
__________________________, (________________) to testify at their deposition, and to
produce the documents requested in the deposition notice that was served on them on
_________________.

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___________ has satisfied the meet and confer requirement as the declaration of _______ and
Exhibits attached thereto show the diligence of the moving party in attempting an informal resolution
of this matter without the need for judicial intervention.

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This motion should be granted because the moving party has properly completed a good faith

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meet and confer effort regarding the failure of __________ to answer any questions at their

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deposition and produce documents. Despite the fact that counsel for moving party sent several meet

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and confer letters to _____________________, no response has been received by counsel. Further

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refused to answer any questions on a blank claim of the privilege against self-incrimination.

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Their refusal to appear for the deposition and produce documents is an abuse of the discovery process
and they must be held to answer for it.
Because the moving party was forced to bring this motion to testimony at deposition and

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production of documents, the moving party requests sanctions in the amount of


$_______________pursuant to Code of Civil Procedure section 2025.480(j). As set forth herein, this

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motion should be granted.


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- 4 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

II.

RELEVANT PROCEDURAL BACKGROUND

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On ________ the moving party served a valid notice of deposition and request to produce
documents on ____________________________. The deposition was scheduled for _____. Thus the
notice was timely and was properly served. See the declaration of ____ and exhibit A attached
thereto, concurrently served and filed herewith and incorporated herein by reference.
No valid objection was received from _______ at any time prior to, or after the duly noticed
deposition.
At the deposition ______ appeared but refused to answer any questions using a blanket claim
of the privilege against self-incrimination. _____ also refused to produce any documents that were

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listed in the deposition notice. See the declaration of _____, concurrently served and filed herewith

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and incorporated herein by reference.

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NOTE THAT YOU MUST LODGE A CERTIFIED COPY OF ANY PORTIONS OF


THE DEPOSITION TRANSCRIPT AT LEAST FIVE (5) DAYS BEFORE THE HEARING

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WITH THE COURT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 2025.40(h).


Counsel for moving party mailed a meet and confer letter on _____________ to ______

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requesting that they contact them regarding their failure to answer any questions at the deposition and

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produce documents. See the declaration of __________ and exhibit B attached thereto, concurrently

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served and filed herewith and incorporated herein by reference.

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Counsel for moving party also telephoned ____________ on _____________ and left a voice-

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mail message again requesting that they contact them regarding their failure to answer any questions

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at the deposition and produce documents. See the declaration of _________, concurrently served and

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filed herewith and incorporated herein by reference.

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- 5 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

Counsel for moving party mailed a second meet and confer letter on _____________ to

______ requesting that they contact them regarding their failure to answer any questions as the

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deposition and produce documents. The letter reminded ______ that any deadline to file a motion to
compel was fast approaching and requested a response as soon as possible. See the declaration of
__________ and exhibit C attached thereto, concurrently served and filed herewith and incorporated
herein by reference.

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Counsel for moving party has received no response whatsoever from _________ in response
to the two meet and confer letters or the telephone call.

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III.

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ARGUMENT

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A.

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TESTIMONY AT DEPOSITION AND PRODUCE DOCUMENTS BECAUSE OF

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___________S BLATANT FAILURE TO COMPLY WITH THE DISCOVERY ACT

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THE COURT IS AUTHORIZED TO GRANT THIS MOTION TO COMPEL

Code of Civil Procedure section 2025.480 states in pertinent part that, (a) If a deponent fails

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to answer any question or to produce any document, electronically stored information, or tangible

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thing under the deponents control that is specified in the deposition notice or a deposition subpoena,

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the party seeking discovery may move the court for an order compelling that answer or production.

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(b) This motion shall be made no later than 60 days after the completion of the record of the

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deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.

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The moving party has shown that a valid deposition notice and request for production of

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documents was served on __________ on _____________. This motion is timely as only __ days

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have passed since the completion of the record of the deposition. And the moving party has made a

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good faith effort to meet and confer to reach an informal resolution of this matter.

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- 6 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

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Thus the moving party has completed all acts required by California law to be performed on
their part. This authorizes this Court to issue an order compelling ________ to answer questions at
their deposition and produce documents, and for sanctions in the amount of $___________.
Every party to an action may take depositions as a matter of right. See Greyhound v. Superior
Court (1961), 56 Cal.2d 355, 388; see also Kramer v. Superior Court (1965), 237 Cal.App.2d 753,
755; and Goodman v. Citizens Life & Cas. Ins. Co. (1967), 253 Cal.App.2d 807, 819.
And the refusal of _____ to answer any questions at the deposition through the use of a
blanket claim of privilege against self-incrimination is without merit. An objection using a claim of
privilege should be raised if at all, on a question by question basis. See Fuller v. Superior Court
(2001) 87 Cal.App.4th 299, 308-310.
Every court has the power to compel obedience to its judgments, orders, and process in an

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action or proceeding pending before and to use all necessary means to carry its jurisdiction into

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effect. Fairfield v. Superior Court, (1966) 246 Cal.App.2d 113, 120; Stewart v. Colonial Western

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Agency, Inc., (2001) 87 Cal.App.4th 1006, 1016 (judges have broad powers and responsibility to

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determine what measure and procedures are appropriate in varying circumstance involving discovery

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disputes). Moreover, one of the principal purposes of civil discovery is to do away with the sporting

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theory of litigation, namely, surprise at trial and such purpose is accomplished by giving greater

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assistance to parties in ascertaining the truth. See Thoren v. Johnston and Washer, (1972) 29

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Cal.App.3d 270, 274.

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Further the burden of proof is on the opponent to show good cause why the deposition should

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not proceed. See Armstrong v. Gates (1973) 32 Cal.App.3d 952, 957 (Prohibiting deposition was

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abuse of discretion when good cause not shown); see also Carlson v. Superior Court (1961) 56 Cal.2d

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431, 440.

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- 7 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

Judges have broad discretion in controlling course of discovery and making various decisions

necessitated by discovery proceedings. Obregon v. Superior Court, (1998) 67 Cal.App.4th 424, 431-

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432.
B.

DEPOSITION AND PRODUCE DOCUMENTS IS AN ABUSE OF THE DISCOVERY


PROCESS AS THEY

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THE BLATANT FAILURE OF ________ TO ANSWER ANY QUESTIONS AT THE

The moving party contends that the blatant failure of _________ to answer any questions at
their deposition and failure to produce any documents is an abuse of the discovery process as the
information sought and the documents requested are not privileged and are clearly relevant to the
issues involved in this case.
In Beverly Hills Nat'l Bank v. Superior Court (1961) 195 Cal.App.2d 861, 865, a California

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Court of Appeal stated that, The scope of examination should not be limited unless the information

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sought is clearly privileged or irrelevant...."

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And the California Supreme Court stated in IES Corp. v. Superior Court (1955) 44 Cal.2d

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559, 562-563 that "...the witness in a deposition ... must answer all questions seeking nonprivileged
information that is material to the subject matter of the pending action.
The refusal of _______ to answer any questions or produce any documents at their deposition

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is in blatant disregard of California law and is a clear abuse of the discovery process.
C.

___________________ SHOULD BE SANCTIONED FOR THEIR WILLFUL

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FAILURE TO ANSWER ANY QUESTIONS OR PRODUCE ANY DOCUMENTS AT THE


DEPOSITION
Code of Civil Procedure section 2025.480(j) states that, The court shall impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney

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- 8 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

who unsuccessfully makes or opposes a motion to compel an answer or production, unless it finds

that the one subject to the sanction acted with substantial justification or that other circumstances

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make the imposition of the sanction unjust.


The blanket claim of the privilege against self-incrimination was made without any basis
whatsoever by _________. The moving party therefore requests that this Court award sanctions as

___________ had no substantial justification for their refusal to answer any questions or produce any

documents at their deposition.

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____________ should be sanctioned for their willful failure to answer any questions or
produce any documents at the deposition.
Monetary discovery sanctions are mandatory. Argaman v. Ratan, (1999) 73 Cal.App.4th

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1173, 1179; Frates v. Treder, (1967) 249 Cal.App.2d 199, 206 (refusal to answer interrogatories

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without substantial justification renders the refusal willful, thus giving rise to sanctions).

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As more fully set forth in the declaration of _____________ as a result of the need for this
motion, ______________________ spent __________hours researching, assembling, drafting,

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proofreading, and finalizing the instant motion. The moving party is being charged $__________ per

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hour for attorney services. Counsel for the moving party anticipates that it will take a further

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_______hours to prepare for, prepare a reply, and appear and argue the instant motion in Superior

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Court in ________ County. The filing fee for this motion is $______. Accordingly, the Court is

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urged to grant sanctions in the amount of $_____________ against ______ .

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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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- 9 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

to your particular situation. Do NOT ask for attorneys fees if you are

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not represented by an attorney.

IV.

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CONCLUSION
The Court is respectfully, yet earnestly, urged to grant this motion to compel testimony at
deposition and produce documents, and to make an order of sanctions requested herein.

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1Dated________________

_______________________________________________
ANY ATTORNEY OR PARTY

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- 10 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

1DECLARATION OF _______________

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I, __________, declare:
1.

I am an attorney duly admitted to practice law before the courts of the State of

California and the attorney of record for ___________ in the above-captioned action entitled
__________, now pending before the ________County Superior Court, as case number

_____________.

2.

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I have personal firsthand knowledge of the facts set forth herein and could and

would competently testify to the truth thereof if called as a witness.


3.

I make this declaration in support of _______ motion for an order compelling

testimony at deposition and production of documents, as well as monetary sanctions.


4.

Attached hereto, marked as indicated below, and incorporated herein by

reference are true copies of the following documents:

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Exhibit A:

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Notice of Deposition and Request for Production of Documents with


proof of service dated ____;

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Exhibit B:

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Meet and confer letter from _______ to __________ regarding their

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failure to answer any questions or produce any documents at the

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deposition dated____;

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Exhibit C:

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Second meet confer letter from _______ to __________ regarding their


failure to answer any questions or produce any documents at the

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deposition and produce documents dated____

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On ___________, my office served the Notice of Deposition and Request for

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Production of Documents on ___________________. (See Ex. A). No objection, valid or otherwise

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has been received by my office to the notice of deposition.

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- 11 NOTICE OF MOTION AND MOTION TO COMPEL TESTIMONY AT DEPOSITON

6.

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questions or produce any documents claiming a blanket privilege against self-incrimination.

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7.

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On __________ I mailed a meet and confer letter to _______ regarding their

failure to answer any questions or produce any documents at the deposition. (See Ex. B.) No
response whatsoever has been received to this meet and confer letter.
8.

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At the deposition on _________, did appear but refused to answer any

On _______ I telephoned ________. I was only able to get through to their

voice-mail and I left a message asking that they contact me as soon as possible so that we could work
out an informal resolution to this matter. No response whatsoever has been received to my telephone
call.
9.

On ____________, I prepared and sent an extensive meet and confer letter to

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_____ reminding them that the deadline to file a motion to compel was fast approaching and

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requesting an immediate response. (See Ex. C.) No response whatsoever has been received to this

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second meet and confer letter.

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As of the date of filing of this motion I have still received no response whatsoever

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from __________ .
10.

I spent _____hours researching, assembling, drafting, proofreading, and finalizing the

instant motion.
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I anticipate that it will take a further _______hours to prepare for, appear, prepare a

reply, and argue the instant motion in Superior Court in ______ County.

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12.

My clients are being charged $_____ per hour for attorney services.

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13.

The filing fee for this motion is $____.

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14.

The cost for a certified copy of the deposition transcript which has been lodged with

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the Court as required by law is $_____.

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Accordingly, the Court is urged to grant sanctions in the amount of $_____ against

_________________ for their willful failure to answer any questions or produce any documents at
the deposition.

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 attorneys fees if you are
not represented by an attorney.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration is executed on _________ at __________, California.

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______________________________________________________________

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1PROOF OF SERVICE

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I am over the age of 18 and not a party to this action.


I am a resident of or employed in the county where the mailing occurred; my
business/residence address is: ADDRESS OF PERSON SERVING PAPERS
On ____________________ I served the foregoing document(s) described as: NOTICE OF
MOTION TO COMPEL TESTIMONY AT DEPOSITION AND PRODUCTION OF
DOCUMENTS, AND FOR SANCTIONS, MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF _______________________, EXHIBITS to the following
parties:
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
WITHOUT AN ATTORNEY

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[X] (By U.S. Mail) I deposited such envelope in the mail at Lawndale, California with
postage thereon fully prepaid. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than one
day after date of deposit for mailing in affidavit.

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[ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger
service to the address above;
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular business hours
to the number(s) listed above. Said transmission was reported complete and without
error.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.

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DATED: ______________

_________________________________________
NAME OF PERSON SERVING PAPERS

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