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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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8 Superior Court of the State of California

9 For the County of _________________

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11 In re the marriage of: ) Case No.
)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF MOTION FOR
13 and ) DAMAGES AND SANCTIONS FOR BREACH OF
) FIDUCIARY DUTY UNDER FAMILY CODE
14 Respondent:____________________________ ) SECTIONS 721 AND 100 AND REQUEST FOR
) SANCTIONS PURSUANT TO FAMILY CODE
15 ) SECTION 271; DECLARATION OF ________;
) EXHIBITS
16 )
) DATE:
17 ) TIME:
) DEPT:
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19
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
1 at a huge discount visit: http://legaldocspro.net/california-divorce-
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litigation-document-package/
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Be sure to remove these notices and all other notices before using
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6 this document.
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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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NAME AND CAPACITY OF MOVING PARTY herein submits their Memorandum of
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Points and Authorities in support of their motion for sanctions pursuant to Family Code §§ 271 and

11 2100 in the amount of $LIST AMOUNT and attorney’s fees in the amount of $LIST AMOUNT for

12 a total award of sanctions and attorney’s fees in the amount of $ LIST AMOUNT against NAME
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OF OTHER PARTY on the grounds that LIST HERE THE GROUNDS SUCH AS THE OTHER
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PARTY AND/OR THEIR COUNSEL ENGAGED IN DELAY TACTICS, ENGAGED IN
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CONDUCT THAT FRUSTRATED OR PEVENTED AN EXPEDITIOUS SETTLEMENT OF
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17 THIS CASE AND/OR VIOLATED THE PUBLIC POLICY OF EXPEDITIOUS

18 RESOLUTION OF LEGAL DISPUTES SUCH AS REFUSING TO COMPLY WITH
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REASONABLE DISCOVERY REQUESTS, FILING OF NUMEROUS FRIVOLOUS
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MOTIONS OR OPPOSITIONS, BREACHED THEIR FIDUCIARY DUTY TO DISCLOSE
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FINANCIAL INFORMATION, ETC. as more fully set forth in the declaration(s) of MOVING
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23 PARTY and exhibits attached thereto, concurrently filed and served herewith and incorporated herein

24 by reference.
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The motion will be based on the notice of motion or request for order and the memorandum of
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points and authorities concurrently served and filed herewith, on the declaration of MOVING
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PARTY and Exhibits attached thereto concurrently served and filed herewith, on the papers and
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
1 records on file herein, and on such oral and documentary evidence as may be presented at the hearing
2 of the motion
3
Be sure to modify these paragraphs to suit your individual
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5 situation. Do NOT just use the wording here unless it definitely applies
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7
to your particular situation. Do NOT ask for attorney’s fees if you are
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representing yourself unless you have actually incurred attorney’s fees.
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10 Note that you MUST personally file and serve all of your
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documents including the motion or request for order as well as all other
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13 supporting documents on the other party at least sixteen (16) Court
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days before the hearing date. Note that Court days means Monday
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through Friday not counting Court holidays.
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18 Check with the clerk of your Court to determine if there are any
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additional requirements imposed by your particular Court.
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Dated________________ _______________________________________________
23 ANY ATTORNEY OR PARTY
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26

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MEMORANDUM OF POINTS AND AUTHORITIES
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
1 I.
2 STATEMENT OF FACTS
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DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
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AS TYPE OF CASE, DATE(S) OF HEARINGS OR TRIALS, DATE AND DETAILS OF ANY
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RELEVANT COURT ORDERS, ETC.

7 NAME AND CAPACITY OF MOVING PARTY contends that the Court should award

8 sanctions pursuant to Family Code §§ 271 and 2100 in the amount of $ LIST AMOUNT and
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attorney’s fees in the amount of $ LIST AMOUNT for a total award of sanctions and attorney’s fees
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in the amount of $ LIST AMOUNT against NAME OF OTHER PARTY on the grounds that LIST
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HERE THE GROUNDS SUCH AS THE OTHER PARTY AND/OR THEIR COUNSEL
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13 ENGAGED IN DELAY TACTICS, ENGAGED IN CONDUCT THAT FRUSTRATED OR

14 PEVENTED AN EXPEDITIOUS SETTLEMENT OF THIS CASE AND/OR VIOLATED THE
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PUBLIC POLICY OF EXPEDITIOUS RESOLUTION OF LEGAL DISPUTES SUCH AS
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REFUSING TO COMPLY WITH REASONABLE DISCOVERY REQUESTS, FILING OF
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NUMEROUS FRIVOLOUS MOTIONS OR OPPOSITIONS, BREACHED THEIR
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19 FIDUCIARY DUTY TO DISCLOSE FINANCIAL INFORMATION, ETC. as more fully set

20 forth in the declaration(s) of MOVING PARTY and exhibits attached thereto, concurrently filed and
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served herewith and incorporated herein by reference.
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Be sure to modify these paragraphs to suit your individual
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24 situation. Do NOT just use the wording here unless it definitely applies
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26 to your particular situation.
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II.
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
1 LEGAL ARGUMENT
2 A. THIS COURT HAS THE STATUORY AUTHORITY TO AWARD SANCTIONS
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TO THE MOVING PARTY PURSUANT TO FAMILY CODE § 271 DUE TO
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REPEATED CONDUCT OF ______ THAT HAS BOTH PREVENTED AND
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FRUSTRATED AN EXPEDITIOUS SETTLEMENT OF THIS CASE WHICH IS THE

7 PUBLIC POLICY OF CALIFORNIA AND HAS BREACHED THEIR FIDUCIARY

8 DUTY
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family-code-section-271-sanctions-in-california
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POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS