Fill and Sign the Notice of Motion for Order that Truth of Matters Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (Name, Address Of Party or attorney) _____________________________ _____________________________ _____________________________ State Bar No: __________________ (____) _____ - _________________ Attorney for _______ (Or "In Pro Per") SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ PLAINTIFF(S) NAMES )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ---------------------------------------------------------------- NOTICE OF MOTION FOR ORDER THAT TRUTH OF MATTERS BE DEEMED ADMITTED AND FOR SANCTIONS Date: ______ Time: ______ Place: ______ Trial Date: _____ To __________ [name of responding party], __________ [responding party's attorney], attorney of record for __________ [responding party], and to ________ [names of other parties or attorneys appearing in action]:PLEASE TAKE NOTICE that at __________ [time], on __________[date], or as soon after as the matter can be heard, in __________ [Department _____ or as the case may be] of the __________ County Superior Court, __________ [court address], __________ [moving party] -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 will move the court for an order that the truth of matters requested in __________ [moving party's]__________ [number] Set of Requests for Admission be deemed admitted. This motion is made on the grounds that __________ [specify, for example: __________ (responding party) has failed to serve a response to __________ (moving party's) Request within the time prescribed by section 2033(h) of the Code of Civil Procedure. Copies of the _____ (number) Set of Requests for Admission with proof of service are attached as Exhibit _____ and incorporated by reference]. Pursuant to sections 2033(k) and 2023(b)(1) of the Code of Civil Procedure, __________ [moving party] will also seek monetary sanctions of $__________ against __________ [responding party and his or her attorney or as the case may be] for reasonable attorney fees and costs incurred in bringing this motion. Such sanctions are sought on the ground that there is not substantial justification for __________ [responding party's] conduct in __________[specify, for instance: failing to serve a response to __________ (moving party's) request within the time prescribed by section 2033(h) of the Code of Civil Procedure].This motion will be based on the notice of motion, the attached memorandum of points and authorities, the declaration of __________ [name of witness or attorney or as the case may be], the record and files of this case, and any further oral or documentary evidence introduced at the hearing of this motion. DATED: __________. ________________ ____ [Signature] Attorney for _______ ___ [moving party]