Sample California motion to compel responses to requests for production of documents

This sample California motion to compel responses to requests for production of documents is made pursuant to Code of Civil Procedure Section 2031.300(b) and is used when a party has served requests for production of documents special interrogatories but has received NO responses or documents. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and a proof of service by mail.

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Any Attorney
Any Street
Any Town, CA 55555
714-555-5555
Attorney for _____________
Superior Court of the State of California
For the County of_________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant,
Defendant.
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Case No.
NOTICE OF MOTION AND MOTION TO COMPEL
RESPONSES TO REQUESTS FOR
PRODUCTION OF DOCUMENTS, AND FOR
MONETARY SANCTIONS IN THE AMOUNT OF
$_________, MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF __________,
EXHIBITS
DATE: TIME:
DEPT:
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR DOCUMENTS

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http://www.scribd.com/doc/62739653/Sample-Motion-to-Compel-
Responses-to-Requests-for-Production-of-Documents
1TO: _____________________________ AND THEIR ATTORNEY OF RECORD
HEREIN:
PLEASE TAKE NOTICE that on ____________, _______, at _______.m. or as soon
thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at
__________________________, ___________________________will and hereby do move this
Court:
1. For an order compelling ___________________________ 1 to provide written,
verified responses to requests for production of documents, with document production, without
objections as set forth herein; and
2. For an order of sanctions as against ___________ in the amount of $_______ for their
failure to provide responses to the requests for production of documents.
This motion is brought pursuant to Code of Civil Procedure §§ 2023.010 and 2031.300, and is
brought by reason of the failure of ____________ to provide any responses.
This motion is based upon this notice, the attached memorandum of points and authorities,
declaration of _____________, and exhibits, and upon such oral and documentary evidence as may
be presented to the Court by _________________ at the time of the hearing.
1Dated________________ _______________________________________________
ANY ATTORNEY
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR DOCUMENTS

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1MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIMINARY STATEMENT
___________________________________________, (“Moving Party”) hereby submits their
memorandum of points and authorities in support of this motion seeking an order compelling
__________________________, (“________________”) to provide responses to requests for
production of documents.
This motion should be granted because ____________ has failed to provide any responses
whatsoever to the requests for production of documents.
Because Moving Party was forced to bring this motion to compel responses, Moving Party
requests sanctions in the amount of $__________________ pursuant to Code of Civil Procedure §§
2023.010 and 2031.010 et. seq. As set forth herein, this motion should be granted.
II.
RELEVANT PROCEDURAL BACKGROUND
On _______________, Moving Party propounded a complete set of discovery to
______________ including form interrogatories, special interrogatories, and requests for production
of documents. (See Ex. A to _________ Declaration).
Plaintiff has failed to provide any responses to the requests for production of documents.
Counsel for Moving Party sent a letter to plaintiff on ______________ requesting that responses be
provided within ten days. No response was received. (See Ex. B to _________ Declaration).
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR DOCUMENTS

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III.
ARGUMENT
A. THE COURT IS AUTHORIZED TO GRANT THIS MOTION TO COMPEL
RESPONSES BECAUSE OF ‘S BLATANT FAILURE TO COMPLY
WITH THE DISCOVERY ACT
1Code of Civil Procedure § 2031.300(b), states in pertinent part that if a party fails to respond
to a demand for inspection of documents, the propounding party may move the court for an order
compelling responses. There is no time limit for bringing the motion to compel. The party to whom
the inspection demand is directed also waives any objection to the demand unless the party’s failure
to serve a response was due to “mistake, inadvertence, or excusable neglect.” Code of Civil
Procedure § 2031.300(a). In addition, the court “shall” impose monetary sanctions against a party
who unsuccessfully opposes a motion to compel unless it finds that the party acted “with substantial
justification” or other circumstances render sanctions “unjust.” Code of Civil Procedure §
2031.300(c).
The moving party is also not required to show a “reasonable and good faith attempt” to
resolve the matter informally with opposing counsel before filing the motion. Sinaiko Healthcare
Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404 (2007).
No separate statement is required when no response has been provided to the discovery.
California Rule of Court 3.1345(b).
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR DOCUMENTS