1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County _________________

10

11 Any Plaintiff, ) Case No.

)
12 NOTICE OF MOTION AND MOTION FOR
Plaintiff, )
AWARD OF COST OF PROOF SANCTIONS
)
13 PURSUANT TO CODE OF CIVIL PROCEDURE
vs. )
2033.420(a) MEMORANDUM OF POINTS AND
)
14 AUTHORITIES, DECLARATION OF __________,
Any Defendant, )
EXHIBITS
)
15 Defendant. ) DATE: TIME:
) DEPT:
16 )
)
17 )
)
18

19
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- 1 -
NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 TO: _____________________________ AND THEIR ATTORNEY OF RECORD HEREIN:
5
PLEASE TAKE NOTICE that on ____________, 20___, at _______.m. or as soon thereafter
6
as the matter may be heard, in Department ________ of the above-entitled court, located at
7

8
__________________________, ___________________________will and hereby does move this

9 Court:

10 1. For an order awarding cost of proof sanctions in the total amount of $______ pursuant
11
to the provisions of Code of Civil Procedure 2033.420(a) on the grounds that __________ denied
12
the truth of matters specified in the requests for admission and the moving party proved the truth of
13
said matters at the trial of this action on ______________.
14

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

16 declaration of _____________, and exhibits attached thereto, and upon such further oral and
17
documentary evidence as may be presented to the Court by _________________ at the time of the
18
hearing.
19

20 Be sure to modify these paragraphs to suit your individual

21
situation. Do NOT just use the wording here unless it definitely applies
22

23 to your particular situation. Do NOT ask for attorneys fees if you are
24
not represented by an attorney.
25

26

27
Dated________________ _______________________________________________
28 ANY ATTORNEY OR PARTY

- 2 -
NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from PROVIDE HERE A BRIEF DESCRIPTION OF THE CASE SUCH
5

6
AS CAUSES OF ACTION, DATE FILED, ETC.

7 On ____________ served requests for admission on ___________ requesting that they admit

8 the truth of certain matters specified in the requests for admission. Said requests for admission
9
included LIST HERE THE CERTAIN MATTERS THAT WERE SPECIFIED IN THE
10
REQUESTS FOR ADMISSION THAT WERE DENIED.
11
____________ failed to admit the truth of certain matters specified in the requests for
12

13 admission and instead denied certain matters specified in the requests for admission.

14 The certain matters were of such substantial importance in that trial would have been
15
expedited or shortened if the requests had been admitted in that LIST HERE THE FACTS
16
SUPPORTING YOUR CONTENTION THAT IF THE REQUESTS HAD BEEN ADMITTED
17
THE TRIAL WOULD HAVE BEEN EXPEDITED OR SHORTENED.
18

19 The moving party proved the truth of said matters at the trial of this action on

20 ______________ in that LIST HERE ALL FACTS SUPPORTING YOUR CONTENTION

21
THAT YOU PROVED THE TRUTH OF THE MATTERS SPECIFIED IN THE REQUESTS
22
FOR ADMISSION AT THE TRIAL.
23

24 To purchase the entire 12 page document visit:

25

26
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27
for-cost-of-proof-sanctions-in-california
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NOTICE OF MOTION AND MOTION FOR AWARD OF COST OF PROOF SANCTIONS