Sample Opposition To Motion For Terminating Sanctions in California

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 of _________________
10
11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION FOR TERMINATING
vs. ) SANCTIONS, OR IN THE ALTERNATIVE,
13 ) EVIDENCE AND ISSUE SANCTIONS AGAINST
) ___________________ AND REQUEST FOR
14 Any Defendants, and DOES 1-5, inclusive, ) SANCTIONS; MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF__________;
15 Defendants. ) EXHIBITS
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19 )
20
21
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OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

1 Be sure to remove this notice and all other notices before using
2
3
this document.
4 NAME AND PARTY CAPACITY herein submits its Opposition to the motion for
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terminating sanctions, or in the alternative, evidence and issue sanctions against NAME AND
6
PARTY CAPACITY on the grounds that NAME AND PARTY CAPACITY, has fully complied
7
with all orders of the Court regarding discovery.
8
9 NAME AND PARTY CAPACITY further requests the sum of $____ in sanctions against
10 the moving party on the grounds that the moving party filed their motion for terminating sanctions, or
11
in the alternative, evidence and issue sanctions against NAME AND PARTY CAPACITY
12
without a showing of good cause.
13
The Opposition shall be based on this Opposition, the attached memorandum of points and
14
15 authorities, the declaration of ___________and exhibits attached thereto, on the complete files and
16 records of this action, and on such other oral and/or documentary evidence as may be presented at the
17
hearing on the Motion.
18
Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY
20
21 Be sure to modify these paragraphs to suit your individual

22
situation. Do NOT just use the wording here unless it definitely applies
23
24 to your particular situation. Remember that YOUR OPPOSITION

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26
MUST BE SERVED AND FILED AT LEAST NINE (9) COURT
27
DAYS BEFORE THE HEARING. Court days means Monday through
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1 Friday, except for Court holidays. You should serve your opposition by
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personal delivery or overnight mail. See Code of Civil Procedure
4
Section 1005 for more details.
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1 TABLE OF CONTENTS
2 Page
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I. STATEMENT OF FACTS…………………………………………………………………….1
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II. ARGUMENT…………………………………………………………………………….…….
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A. THE COURT SHOULD DENY THE MOTION FOR TERMINATING
6
SANCTIONS AS DEFENDANT HAS COMPLIED WITH ALL OF THE ORDERS
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OF THIS COURT AND HAS PAID THE $_______ IN SANCTIONS ……………..._
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B. TERMINATING SANCTIONS CANNOT BE IMPOSED UNLESS THERE HAS
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BEEN A WILLFUL FAILURE TO COMPLY WITH A DISCOVERY ORDER …..._
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C. THE PURPOSE OF DISCOVERY SANCTIONS IS NOT TO PROVIDE A
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WEAPON FOR PUNISHMENT, FORFEITURE AND AVOIDANCE OF TRIAL ON
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THE MERITS BUT TO PREVENT ABUSE OF THE DISCOVERY PROCESS ...…_
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D. IMPOSING THE SANCTION OF PEREMPTORY DISMISSAL WITHOUT
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CONSIDERATION OF THE MERITS IS FUNDAMENTLLY UNJUST UNLESS
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THE CONDUCT OF A PARTY INTERFERES WITH THE COURT’S MISSION OF
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SEEKING TRUTH AND JUSTICE ………………………………………………….._
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E. THE COURT SHOULD SANCTION __________ FOR FILING THEIR MOTION
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WITHOUT GOOD CAUSE ………………………………………………………….._
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III. CONCLUSION………………………………………………………………………………..._
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1
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TABLE OF AUTHORITIES
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Page
5
Cases
6
7 Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315 ……………………………………….….._
8 Deyo v. Kilbourne (1978) 84 Cal.App.3d 771 …………………………………………………….….._

9
Lyons v. Wickhorst (1986) 42 Cal.3d 911 ……………………………………………………………._
10
Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390 ………………………………………….._
11
McArthur v. Bockman, (1989) 208 Cal. App. 3d 1076 ………………………………………………._
12
13 Midwife v. Bernal (1988) 203 Cal.App.3d 57 ……………………………………………………...…_
14 Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 531 …………………………………..._

15
Morgan v. Ransom (1979) 95 Cal. App.3d 664 …………………………………………………….…_
16
Obregon v. Superior Court (1998) 67 Cal.App.4th 424 ………………………………………………_
17
Pratt v. Union Pacific Railroad Co., (2008) 168 Cal. App. 4th 165 …………………………………._
18
19 Parker v. Wolters Kluwer United States, Inc. (2007) 149 Cal.App.4th 285 ……………………….…._
20 Rail Services of America v. State Comp. Ins. Fund (2003) 110 Cal.App.4th 323 ……………………_
21 Ruvalcaba v. Government Employees Ins. Co. (1990) 222 Cal.App.3d 1579 ……………………….._
22
Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736 ………………………….…_
23
Statutes
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25 Code of Civil Procedure § 2023.010 …………………………………………………………………._
26 Code of Civil Procedure § 2023.020 …………………………………………………………………._

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1 Treatises
2 California Discovery Citations (TRG 2010) ¶1:6 …………………………………………….………._

3
Weil and Brown, California Practice Guide: Civil Procedure Before Trial (TRG 2009) ¶8:1213 ……_
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from LIST CAUSES OFACTION OF COMPLAINT. Plaintiff filed suit
5
against Defendant____________ on or about __________. See Plaintiff’s Complaint on file with the
6
7 Court.
8 NAME AND PARTY CAPACITY filed their motion for terminating sanctions, or in the
9
alternative, evidence and issue sanctions against NAME AND PARTY CAPACITY contending that
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NAME AND PARTY CAPACITY has failed to comply with orders to respond to discovery made
11
by the Court.
12
13 NAME AND PARTY CAPACITY contends that the Court should deny the motion for
14 terminating sanctions, or in the alternative, evidence and issue sanctions against NAME AND
15
PARTY CAPACITY on the grounds that NAME AND PARTY CAPACITY, has fully complied
16
with all orders of the Court regarding discovery in that LIST HERE THS SPECIFIC FACTS AND
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EVIDENCE TO SUPPORT YOUR CONTENTION THAT YOU HAVE COMPLIED WITH
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19 ALL ORDERS TO RESPOND TO DISCOVERY AND BE SURE TO CITE TO ANY
20 ATTACHED EXHIBITS AS EXHIBIT “1”, ETC.

21 NAME AND PARTY CAPACITY further requests the sum of $____ in sanctions against
22
the moving party pursuant to Code of Civil Procedure § 2030.090 on the grounds that the moving
23
party filed their motion without a showing of good cause.
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25 ///
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to your particular situation.
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II.
6
7 ARGUMENT
8 A. THE COURT SHOULD DENY THE MOTION FOR TERMINATING

9
SANCTIONS AS DEFENDANT HAS COMPLIED WITH ALL OF THE
10
ORDERS OF THIS COURT
11
NAME AND PARTY CAPACITY contends that this Court should deny the motion for
12
13 terminating sanctions, or in the alternative, evidence and issue sanctions against them as the
14 declaration of _________and attached exhibits clearly shows that they have fully complied with all
15
orders of the Court regarding discovery in that LIST HERE THS SPECIFIC FACTS AND
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EVIDENCE TO SUPPORT YOUR CONTENTION THAT YOU HAVE COMPLIED WITH
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ALL ORDERS TO RESPOND TO DISCOVERY AND BE SURE TO CITE TO ANY
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19 ATTACHED EXHIBITS AS EXHIBIT “1”, ETC.
20 B. TERMINATING SANCTIONS CANNOT BE IMPOSED UNLESS THERE

21 HAS BEEN A WILLFUL FAILURE TO COMPLY WITH A DISCOVERY
22
ORDER
23
Case law in California has clearly established that terminating sanctions cannot be imposed
24
25 unless there has been a willful failure to comply with a discovery order.
26 "The prerequisites for imposition of terminating sanctions are that there was a failure to
27 comply with a discovery order and the failure was willful.” Liberty Mutual Fire Ins. Co. v. LcL
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1 Administrators, Inc.(2008) 163 Cal.App.4th 1093, 1102; see also Ruvalcaba v. Government
2 Employees Ins. Co. (1990) 222 Cal.App.3d 1579, 1581 (Civil Discovery Act requires “disobedience
3
to a court order before a matter could be terminated”; accord, Maldonado v. Superior Court (2002)
4
94 Cal.App.4th 1390, 1398–1399; and Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315,
5
1327. Biles also observes that nonmonetary discovery sanctions are those “ ‘ “ ‘ “suitable and
6
7 necessary to enable the party seeking discovery to obtain the objects of the discovery he
8 seeks,” ’ ” ’ ” and may not be ordered to “ ‘ “ ‘ “impose punishment. ” ’ ” ’ ” (Id. at p. 1327).
9
Because a terminating sanction is a drastic measure that denies a party the right to a trial on
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the merits, our courts have limited its use to only the rarest and most extreme cases of litigation
11
misconduct when no lesser sanction can preserve the fairness of the trial and restore balance to the
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13 adversary system. Lyons v. Wickhorst (1986) 42 Cal.3d 911, 916–917; Stephen Slesinger, Inc. v.
14 Walt Disney Co. (2007) 155 Cal.App.4th 736, 761, 764 (Slesinger).
15
NAME AND PARTY CAPACITY has clearly shown that they have complied with all of the
16
orders to respond to discovery made by this Court. As a result the circumstances of this case do not
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present one of those rare cases in which “any remedy short of dismissal [is] inadequate to preserve
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19 the fairness of the trial.” Slesinger, at p. 764.

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1 C. THE PURPOSE OF DISCOVERY SANCTIONS IS NOT TO PROVIDE A
2 WEAPON FOR PUNISHMENT, FORFEITURE AND AVOIDANCE OF TRIAL

3
ON THE MERITS BUT TO PREVENT ABUSE OF THE DISCOVERY
4
PROCESS
5
The moving party should not be permitted to utilize their motion for terminating sanctions as
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7 a weapon to punish NAME AND PARTY CAPACITY and result in a forfeiture of their right to a
8 trial on the merits.

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A well known California legal treatise states that, the purpose of discovery sanctions is not to
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provide a weapon for punishment, forfeiture, and the avoidance of the trial on the merits, but to
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prevent abuse of the discovery process and correct the problem presented. California Discovery
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13 Citations (TRG 2010) ¶1:6 ).
14 Another California legal treatise states that, Discovery sanctions are not a windfall. They are
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to compensate for costs and fees incurred by the party in enforcing discovery or defending a meritless
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motion. Weil and Brown, California Practice Guide: Civil Procedure Before Trial (TRG 2009)
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¶8:1213 (citing Caryl Richards, Inc. v. Superior Court (1961) Cal.App. 2d 300 at 303.)
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19 "[T]he purpose of discovery sanctions is not to provide a weapon for punishment, forfeiture
20 and the avoidance of a trial on the merits, . . . but to prevent abuse of the discovery process and
21 correct the problem presented." Parker v. Wolters Kluwer United States, Inc. (2007) 149 Cal.App.4th
22
285, 301 (internal quotations & fn. omitted.)
23
A trial court may impose discovery sanctions that `"`are suitable and necessary to enable the
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25 party seeking discovery to obtain the objects of the discovery he [or she] seeks but the court may not
26 impose sanctions which are designed not to accomplish the objects of the discovery but to impose
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1 punishment.'"' [Citations.]" Rail Services of America v. State Comp. Ins. Fund (2003) 110
2 Cal.App.4th 323, 331-33, (original italics.)

3
It is axiomatic that a sanction which directs the entry of a default judgment is "ordinarily a
4
drastic measure which should be employed with caution." Deyo v. Kilbourne (1978) 84 Cal. App.3d
5
771, 793. "The penalty should be appropriate to the dereliction, and should not exceed that which is
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7 required to protect the interests of the party entitled to but denied discovery." (Ibid.) "[T]he sanction
8 should not operate in such a fashion as to put the prevailing party in a better position than he would
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have had if he had obtained the discovery sought and it had been completely favorable to his cause."
10
Ibid., (citing Stein v. Hassen (1973) 34 Cal. App.3d 294, 301-303); accord McArthur v. Bockman,
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(1989) 208 Cal. App. 3d 1076, 1080 (citation omitted).
12
13 A California Court of Appeal case involved dismissal following a failure to comply with
14 discovery sanctions. Midwife addressed the question whether a dismissal could ever be an
15
appropriate remedy for a party's noncompliance with a discovery order imposing monetary sanctions,
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and found it governed by federal constitutional principles. After reviewing pertinent federal cases,
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the court concluded that following federal authority, "California courts have held that `"The sanctions
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19 the court may impose are such as are suitable and necessary to enable the party seeking discovery to
20 obtain the objects of the discovery he seeks but the court may not impose sanctions which are
21 designed not to accomplish the objects of the discovery but to impose punishment. [Citations.]"'
22
[Citation.] See Midwife v. Bernal (1988) 203 Cal.App.3d 57, 63-64 (Midwife).
23
The Court in Midwife also stated that, "When a court's order goes beyond imposing a sanction
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25 which will accomplish the purpose of discovery and `denies a party any right to defend the action or
26 to present evidence upon issues of fact which are entirely unaffected by the discovery procedure
27 before it, it not only abuses its discretion but deprives the recalcitrant party of due process of law.'
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1 [Citation.] There can be no presumption that a party's failure to pay monetary sanctions is a
2 concession of the lack of merit to his claims in the lawsuit. [Fn. omitted.] Under these circumstances,
3
dismissal is purely punitive. We conclude that it was an abuse of discretion to dismiss the action
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solely on the ground that Midwife had failed to pay monetary sanctions ordered by the trial court." Id.
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at pp. 64-65.
6

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D. IMPOSING THE SANCTION OF PEREMPTORY DISMISSAL WITHOUT
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13 CONSIDERATION OF THE MERITS IS FUNDAMENTLLY UNJUST UNLESS
14 THE CONDUCT OF A PARTY INTERFERES WITH THE COURT’S MISSION

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OF SEEKING TRUTH AND JUSTICE
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NAME AND PARTY CAPACITY contends that it would work an injustice if this Court
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were to grant the motion for terminating sanctions as the conduct of NAME AND PARTY
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19 CAPACITY has not in any way interfered with the Court’s mission of seeking truth and justice. On
20 the contrary it is counsel for the moving party that has interfered with the Court’s mission of seeking
21 truth and justice by filing the motion for terminating sanctions and falsely claiming that NAME AND
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PARTY CAPACITY has not complied with all orders of this Court to provide discovery.
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It is in fact NAME AND PARTY CAPACITY who has refused to serve any meaningful
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25 responses to discovery, not Defendant as shown by the declaration of ______________, concurrently
26 filed and served herewith and incorporated herein by reference.

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1 Courts have found that the "sanction of peremptory dismissal, without consideration of the
2 merits, is fundamentally unjust unless the conduct of a plaintiff is such that the delinquency interferes
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with the court's mission of seeking truth and justice." Morgan v. Ransom (1979) 95 Cal.App.3d 664,
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670; see also another case cited by Plaintiff which is Mileikowsky v. Tenet Healthsystem (2005) 128
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Cal.App.4th 531, 565, (disapproved on another ground in Mileikowsky v. West Hills Hospital &
6
7 Medical Center (2009) 45 Cal.4th 1259, 1273.)
8
Be sure to modify these paragraphs to suit your individual
9
10 situation. Do NOT just use the wording here unless it definitely applies
11
12
13 E. THE COURT SHOULD SANCTION________ FOR FILING THEIR MOTION
14 WITHOUT MAKING A REASONABLE GOOD FAITH EFFORT TO MEET AND

15
CONFER
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NAME AND PARTY CAPACITY contends that counsel for the moving party did not make
17
a reasonable effort to meet and confer before filing their motion for terminating sanctions, or in the
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19 alternative, evidence and issue sanctions against NAME AND PARTY CAPACITY in that LIST
20 HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION THAT THE
21 MOVING PARTY DID NOT MAKE A REASONABLE EFFORT TO MEET AND CONFER
22
AND BE SURE TO CITE TO ANY ATTACHED EXHIBITS.
23
The determination of whether an attempt at informal resolution is adequate involves the
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25 exercise of discretion and depends upon the circumstances.
26 “A determination of whether an attempt at informal resolution is adequate also involves the

27 exercise of discretion. The level of effort at informal resolution which satisfies the "reasonable and
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1 good faith attempt" standard depends upon the circumstances. In a larger, more complex discovery
2 context, a greater effort at informal resolution may be warranted. In a simpler, or more narrowly
3
focused case, a more modest effort may suffice. The history of the litigation, the nature of the
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interaction between counsel, the nature of the issues, the type and scope of discovery requested, the
5
prospects for success and other similar factors can be relevant. Judges have broad powers and
6
7 responsibilities to determine what measures and procedures are appropriate in varying
8 circumstances.” See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.

9
Code of Civil Procedure § 2023.010 states in pertinent part that, “Misuses of the discovery
10
process include, but are not limited to, the following:
11
(h) Making or opposing, unsuccessfully and without substantial justification, a motion to
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13 compel or to limit discovery.
14 (i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in
15
a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the
16
section governing a particular discovery motion requires the filing of a declaration stating facts
17
showing that an attempt at informal resolution has been made.”
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19 Code of Civil Procedure § 2023.020 states that, “ Notwithstanding the outcome of the
20 particular discovery motion, the court shall impose a monetary sanction ordering that any party or
21 attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees,
22
incurred by anyone as a result of that conduct.”
23
“Monetary sanctions encourage voluntary compliance with discovery procedures by assessing
24
25 the costs of compelling compliance against the defaulting party." Pratt v. Union Pacific Railroad
26 Co., (2008) 168 Cal. App. 4th 165, 183 (citing Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1179.
27
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1 NAME AND PARTY CAPACITY contends that the moving party should be sanctioned in
2 the amount of $___ for their failure to make a reasonable effort to meet and confer.
3
Be sure to modify these paragraphs to suit your individual
4
5 situation. Do NOT just use the wording here unless it definitely applies
6
7
8 III.
9
CONCLUSION
10
Based on the foregoing, the Court is urged to deny the motion for terminating sanctions or in
11
the alternative, evidence and issue sanctions against NAME AND PARTY CAPACITY, on the
12
13 grounds that NAME AND PARTY CAPACITY has fully complied with all orders of the Court
14 regarding discovery, and instead order the moving party to pay sanctions in the amount of
15
$__________.
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19 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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1 DECLARATION OF _____________
2 I, __________________ , declare as follows:

3
USE THE WORDING BELOW IF AN ATTORNEY IS SIGNING
4
1. I am an attorney duly admitted to practice law before the courts of the State of
5
California and the attorney of record for ___________ in the above-captioned action entitled
6
7 __________, now pending before the ________County Superior Court, as case number
8 _____________.
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USE THE WORDING BELOW IF A PARTY IS SIGNING
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1. I am ___________________________ in this action. I am over the age of 18 years and
11
have personal knowledge of the facts contained in this declaration, and if called as a witness, could
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13 and would testify competently to the following.
14 2. I make this declaration in support of the opposition to the motion for

15
terminating sanctions, or in the alternative, evidence and issue sanctions against NAME AND
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PARTY CAPACITY.
17
3. Attached hereto, marked as indicated below, and incorporated herein by reference are
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19 true copies of the following documents:
20 Exhibit 1: LIST NAME OF DOCUMENT ATTACHED AS EXHIBIT “1”

21 dated ____;
22
Exhibit 2: LIST NAME OF DOCUMENT ATTACHED AS EXHIBIT “1”
23
dated ____;
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25 Exhibit 3: LIST NAME OF DOCUMENT ATTACHED AS EXHIBIT “1”
26 dated ____.
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1 4. The allegations made by the moving party that I have not paid the discovery sanctions
2 are not true. The true facts are that on ___________, I mailed a Check Number ___ to counsel for the
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moving party. A true and correct copy of the cancelled Check is attached hereto as Exhibit “1” and
4
incorporated herein by reference.
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5. The allegations made by the moving party in the motion that I have not complied with
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7 the orders of this Court to respond to discovery are also false. The true facts are that on
8 _______________, I served my verified responses to ____________________ on counsel for the

9
moving party. A true and correct copy of my verified responses is attached hereto as Exhibit “2” and
10
incorporated herein by reference.
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6. I have turned over thousands of emails, documents and records to counsel for the
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13 moving party, in a good faith effort to resolve this case. I have received no answers or discovery
14 documents, in return. The true facts are that on _________I produced a box of documents along with
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over ________ pages of discovery. (The box of discovery turned over was over 1 feet deep - filled to
16
the top) to ____________________per the email that I received from counsel for the moving party on
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___________________. A true and correct copy of my email exchange with _______is attached
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19 hereto as Exhibit “3” respectively, and incorporated herein by reference.
20 6. I spent _____hours researching, assembling, drafting, proofreading, and finalizing the

21 opposition to the motion for terminating sanctions, or in the alternative, evidence and issue sanctions
22
against NAME AND PARTY CAPACITY.
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7. I anticipate that it will take a further _______hours to prepare for, appear, and argue the
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25 motion for a protective order in Superior Court in ______ County.
26 8. My clients are being charged $_____ per hour for attorney services.
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1 9. Accordingly, the Court is urged to deny the motion for terminating sanctions, or in the
2 alternative, evidence and issue sanctions against NAME AND PARTY CAPACITY and order the
3
moving party to pay sanctions in the amount of $_____ against _________________ for their willful
4
failure to meet and confer to reach an information resolution of this matter.
5
6 Modify the wording here to fit your particular situation. Do NOT

7
just use the wording in this paragraph unless it definitely applies to
8
9 your situation. Do NOT ask for attorney’s fees unless you are
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represented by an attorney.
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12 I declare under penalty of perjury under the laws of the State of California that the foregoing
13
is true and correct, and that this declaration is executed on ______________,20__ at
14
______________________,California.
15
___________________________________________________
16
NAME OF PERSON SIGNING DECLARATION
17
18 Remember that YOUR OPPOSITION MUST BE SERVED AND

19
20 FILED AT LEAST NINE (9) COURT DAYS BEFORE THE

21
HEARING. Court days means Monday through Friday, except for
22
23 Court holidays. You should serve your opposition by personal delivery

24
or overnight mail. See Code of Civil Procedure Section 1005 for more
25
26 details.
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1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.

3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS
5 On ____________________ I served the foregoing document(s) described as: OPPOSITION

TO MOTION FOR TERMINATING SANCTIONS, OR IN THE ALTERNATIVE,
6
EVIDENCE AND ISSUE SANCTIONS AGAINST ___________________ AND REQUEST
7 FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION
OF__________; EXHIBITS to the following parties:
8
NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY
9
WITHOUT AN ATTORNEY
10
[X ] (By Overnight Delivery) I caused such envelope to deposited in a drop-
11 off box or other receptacle maintained by a company offering overnight
delivery service in the State of California.
12
13 [ ] (By Personal Service) I caused such envelope to be delivered by hand via

messenger service to the address above;
14
I declare under penalty of perjury under the laws of the State of California that the foregoing
15
is true and correct.
16
DATED: ______________ _________________________________________
17 NAME OF PERSON SERVING PAPERS
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Sample Opposition To Motion For Terminating Sanctions in California

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1 Any Attorney or Party

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

11 Any Plaintiff, ) Case No.

23 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

26 To view over 300 sample legal documents sold by LegalDocsPro

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

21 Be sure to modify these paragraphs to suit your individual

24 to your particular situation. Remember that YOUR OPPOSITION

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

7 Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315 ……………………………………….….._

8 Deyo v. Kilbourne (1978) 84 Cal.App.3d 771 …………………………………………………….….._

13 Midwife v. Bernal (1988) 203 Cal.App.3d 57 ……………………………………………………...…_

14 Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 531 …………………………………..._

25 Code of Civil Procedure § 2023.010 …………………………………………………………………._

26 Code of Civil Procedure § 2023.020 …………………………………………………………………._

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

2 California Discovery Citations (TRG 2010) ¶1:6 …………………………………………….………._

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

19 ALL ORDERS TO RESPOND TO DISCOVERY AND BE SURE TO CITE TO ANY

20 ATTACHED EXHIBITS AS EXHIBIT “1”, ETC.

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

8 A. THE COURT SHOULD DENY THE MOTION FOR TERMINATING

19 ATTACHED EXHIBITS AS EXHIBIT “1”, ETC.

20 B. TERMINATING SANCTIONS CANNOT BE IMPOSED UNLESS THERE

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

19 the fairness of the trial.” Slesinger, at p. 764.

20 Be sure to modify these paragraphs to suit your individual

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

2 WEAPON FOR PUNISHMENT, FORFEITURE AND AVOIDANCE OF TRIAL

8 trial on the merits.

13 Citations (TRG 2010) ¶1:6 ).

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

2 Cal.App.4th 323, 331-33, (original italics.)

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

7 Be sure to modify these paragraphs to suit your individual

13 CONSIDERATION OF THE MERITS IS FUNDAMENTLLY UNJUST UNLESS

14 THE CONDUCT OF A PARTY INTERFERES WITH THE COURT’S MISSION

25 responses to discovery, not Defendant as shown by the declaration of ______________, concurrently

26 filed and served herewith and incorporated herein by reference.

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

7 Medical Center (2009) 45 Cal.4th 1259, 1273.)

13 E. THE COURT SHOULD SANCTION________ FOR FILING THEIR MOTION

14 WITHOUT MAKING A REASONABLE GOOD FAITH EFFORT TO MEET AND

25 exercise of discretion and depends upon the circumstances.

26 “A determination of whether an attempt at informal resolution is adequate also involves the

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

7 responsibilities to determine what measures and procedures are appropriate in varying

8 circumstances.” See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.

13 compel or to limit discovery.

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

2 I, __________________ , declare as follows:

13 and would testify competently to the following.

14 2. I make this declaration in support of the opposition to the motion for

19 true copies of the following documents:

20 Exhibit 1: LIST NAME OF DOCUMENT ATTACHED AS EXHIBIT “1”

25 Exhibit 3: LIST NAME OF DOCUMENT ATTACHED AS EXHIBIT “1”

OPPOSITION TO MOTION FOR TERMINATING SANCTIONS

8 _, I served my verified responses to ______ on counsel for the