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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

8 Superior Court of the State of California


For the County of _________
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11 Any Plaintiff, ) Case No.


)
12 Plaintiffs, ) NOTICE OF MOTION AND MOTION FOR
) SANCTIONS IN THE AMOUNT OF $______
13 vs. ) UNDER CODE OF CIVIL PROCEDURE 128.5
) AGAINST __________; MEMORANDUM OF
Any Defendant, ) POINTS AND AUTHORITIES; DECLARATION OF
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) ______; EXHIBITS
Defendant. )
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) DATE:
) TIME:
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) DEPT:
)
17 )
)
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)
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
1 Be sure to remove this notice and all other notices before using
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this document.
4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
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RECORD:
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PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon
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thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at

9 ________________________, _________, ____________ will and hereby does move this Court:

10 1. For an order imposing sanctions in the amount of $_________ against


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________________ pursuant to Code of Civil Procedure 128.5 on the grounds that they have
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engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay
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in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST FOR
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15 SANCTIONS SUCH AS FILING NUMEROUS FRIVOLOUS MOTIONS OR COMPLAINTS,

16 ETC., BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS.


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The motion shall be based upon this notice of motion and motion, the attached memorandum
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of points and authorities, the declaration of _________ and Exhibits attached thereto, on the complete
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files and records of this action, and on such other oral and/or documentary evidence as may be
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21 presented at the hearing on the Motion.

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Dated________________ _______________________________________________
24 ANY ATTORNEY OR PARTY

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26 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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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5
1 to your particular situation. Note that you must give at least sixteen
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(16) Court days notice, plus an additional five (5) calendar days if
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notice of the motion is served by mail. Court days are Monday through
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6 Friday, except for Court holidays.


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Note that you MUST send a copy of the filed caption page of this
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9 motion to the California Research Bureau of the California State


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Library by email to crb@library.ca.gov as soon as possible after filing.
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See Code of Civil Procedure section 128.5(h)(1) for more information at
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14 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
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lawCode=CCP&sectionNum=128.5.
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17 To purchase the entire 13 page document visit:


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sanctions-under-code-of-civil-procedure-section-128-5-in-california
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NOTICE OF MOTION AND MOTION FOR SANCTIONS UNDER CCP SECTION 128.5