SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
-
-
- ________________________________
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- CASE NO: _______
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- NOTICE OF MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED
ADMITTED AND FOR SANCTIONS
-
- Date: ______
- Time: ______
- Place: ______
- Trial Date: _____
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To __________ [name of responding party],
__________ [responding
party's attorney], attorney of record for __________ [responding
party], and to __________ [names of other parties or attorneys
appearing in action]:
PLEASE TAKE NOTICE that at __________
[time], on __________
[date], or as soon after as the matter can be heard, in
__________ [Department _____ or as the case may be] of the
__________ County Superior Court, __________ [court address],
__________ [moving party] will move the court for an order that
the truth of matters requested in __________ [moving party's]
__________ [number] Set of Requests for Admission be deemed
admitted. This motion is made on the grounds that __________
[specify, for example: __________ (responding party) has failed
to serve a response to __________ (moving party's) Request
within the time prescribed by section 2033(h) of the Code of
Civil Procedure. Copies of the _____ (number) Set of Requests
for Admission with proof of service are attached as Exhibit
_____ and incorporated by reference]. Pursuant to sections
2033(k) and 2023(b)(1) of the Code of Civil Procedure,
__________ [moving party] will also seek monetary sanctions of
$__________ against __________ [responding party and his or her
attorney or as the case may be] for reasonable attorney fees
and
costs incurred in bringing this motion. Such sanctions are
sought on the ground that there is not substantial justification
for __________ [responding party's] conduct in __________
[specify, for instance: failing to serve a response to
__________ (moving party's) request within the time prescribed
by section 2033(h) of the Code of Civil Procedure].
This motion will be based on the notice
of motion, the
attached memorandum of points and authorities, the declaration
of __________ [name of witness or attorney or as the case may
be], the record and files of this case, and any further oral
or
documentary evidence introduced at the hearing of this motion.
Dated __________.
____________________
[Signature]
Attorney for __________ [moving party]
