SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]
- Defendants
-
-
- ________________________________
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- CASE NO: _______
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- NOTICE OF MOTION FOR ORDER COMPELING ANSWERS AT DEPOSITION
AND FOR SANCTIONS
-
- Date: ______
- Time: ______
- Place: ______
- Trial Date: _____
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To __________ [name of deponent], __________
[deponent's
attorney], attorney of record for __________ [deponent], and
to
__________ [names of other parties or attorneys on whom copies
of
deposition notice or subpoena were served]:
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
requiring __________ [deponent] to answer certain questions
propounded at __________ [his or her] oral deposition that
__________ [he or she] refused, without substantial
justification, to answer. This motion is made on the grounds
that
__________ [specify, for example: the questions that __________
(deponent) refused to answer were within the scope of permissible
discovery; answers to these questions are essential to the
preparation of __________ (moving party's) case. __________
(Deponent's) refusal to answer the questions listed in the
attached statement of questions and responses in dispute was
without substantial justification]. Pursuant to sections 2025(o)
and 2023(b)(1) of the Code of Civil Procedure, __________ [moving
party] will also seek monetary sanctions of $_____ against
__________ [deponent 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 __________ [deponent's]
conduct in refusing to answer the questions posed at deposition.
The motion will be based on this 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 Statement of Questions and Responses in Dispute, the
transcript of __________ [deponent's] deposition, 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]
