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 _________
9

10

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
14
) ______; EXHIBITS
Defendant. )
15
) DATE:
) TIME:
16
) DEPT:
)
17 )
)
18 )
)
19

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23 address.
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To view over 300 sample legal documents for California and
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Federal litigation visit: http://www.scribd.com/LegalDocsPro
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28

- 1 -
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
2

3
this document.
4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
5
RECORD:
6
PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon
7

8
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

11
________________ pursuant to Code of Civil Procedure 128.5 on the grounds that they have
12
engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay
13
in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST FOR
14

15 SANCTIONS SUCH AS FILING NUMEROUS FRIVOLOUS MOTIONS OR COMPLAINTS,

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

17
The motion shall be based upon this notice of motion and motion, the attached memorandum
18
of points and authorities, the declaration of _________ and Exhibits attached thereto, on the complete
19
files and records of this action, and on such other oral and/or documentary evidence as may be
20

21 presented at the hearing on the Motion.

22

23
Dated________________ _______________________________________________
24 ANY ATTORNEY OR PARTY

25

26 Be sure to modify these paragraphs to suit your individual

27
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
2

3
(16) Court days notice, plus an additional five (5) calendar days if
4
notice of the motion is served by mail. Court days are Monday through
5

6 Friday, except for Court holidays.

7
Note that you MUST send a copy of the filed caption page of this
8

9 motion to the California Research Bureau of the California State

10

11
Library by email to crb@library.ca.gov as soon as possible after filing.
12
See Code of Civil Procedure section 128.5(h)(1) for more information at
13

14 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?
15
lawCode=CCP&sectionNum=128.5.
16

17 To purchase the entire 13 page document visit:

18
https://legaldocspro.myshopify.com/products/sample-motion-for-
19

20
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