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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Superior Court of the State of California
9 For the County of _________________

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11 Any Plaintiff, ) Case No.
)
NOTICE OF MOTION AND MOTION FOR
12 Plaintiff, )
TERMINATING SANCTIONS, MEMORANDUM
)
OF POINTS AND AUTHORITIES, DECLARATION
13 vs. )
OF __________, EXHIBITS
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14 Any Defendant, ) DATE: TIME:
) DEPT:
Defendant. )
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TO: _____________________________ 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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22 __________________________, ___________________________will and hereby does move this

23 Court for terminating sanctions by an order striking defendant’s answer and rendering judgment by
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default against defendant ___________________based on defendant’s willful failure to comply with
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this Court’s numerous orders compelling responses to plaintiff’s interrogatory on defendant.
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This motion is made on the grounds that, per Code of Civil Procedure § 2030.290(c),
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28 defendant has failed to respond to two court orders compelling response to an interrogatory.

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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 Defendant has demonstrated a consistent persistent and willful noncompliance in plaintiff’s
2 discovery efforts, engaging in repeated and egregious violations of the discovery laws that impair
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plaintiff’s rights and threaten the integrity of the judicial process.
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This motion is based on this notice, the pleadings, records, and files in this action; the
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attached memorandum of points and authorities, the supporting declaration of _____________ and

7 exhibits attached thereto, and any further oral and/or documentary evidence presented at the hearing.

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9 Dated________________ _______________________________________________
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ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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PRELIMINARY STATEMENT
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Plaintiff filed a complaint alleging defamation of character against defendant in
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_____________. Plaintiff seeks terminating sanctions against defendant for his willful, fourteen

7 month long abuse of the discovery process and utter failure to participate in plaintiff’s discovery

8 efforts and advancement of the case. To date, Defendant has ignored a subpoena, plaintiff’s first
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interrogatory on defendant, and four court orders compelling compliance with the two discovery
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documents, and utterly ignores plaintiff’s attempts to meet and confer.
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12 Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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15 to your particular situation.
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II.
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LEGAL ARGUMENT
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19 A. TERMINATING SANCTIONS ARE AVAILABLE AND PROPER FOR

20 FAILURE TO OBEY COURT ORDERS COMPELLING RESPONSE TO
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INTERROGATORY
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Defendant has failed to respond to Plaintiff’s properly served interrogatories and has also
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disobeyed this Court’s two orders that he do so, and fails to participate in meet and confer efforts
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25 seeking to resolve this issue.

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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS
1 Pursuant to C.C.P. §§ 2023.010(d), (g), and (i), “failing to respond or to submit to authorized
2 methods of discovery”, “disobeying a court order to provide discovery”, and “failing to confer” are
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all misuses of the discovery process.
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To purchase the entire 17 page document please visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS

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