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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
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California - Alameda Superior
California - Alameda Superior


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 Motion for Sanctions

 Superior Court of California

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 San Mateo

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 Timing

21 Days Between Service and Filing

During this period, the party on whom the motion for sanctions was served may withdraw or appropriately correct more...    The usual notice period required by CCP 1005(b) applies after the 21 day wait has expired. more...    Thus, the hearing can be no earlier than 16 court days plus 21 calendar days after initial service more...   

Service 21 Days Plus 16 Court Days Before Hearing

Moving papers must be served at least 21 days plus 16 court days before the hearing. ; . more...

Personal Service

Personal service of moving papers must be made at least 21 days plus 16 court days before the more...

"Safe Harbor" Provision of Section 128.7

Notice of motion shall be served as provided in [Code of Civil Procedure] Section 1010, but shall not more...

Mail Service

If service is made by mail, service must be made at least twenty-one (21) days plus sixteen (16) more...

; .

Facsimile Service or Express Mail Service

Service may be made by fax on written agreement of the parties. . Fax service completed after 5 p.m. is deemed to have occurred on the next court day. more...

Cut-Off Date

Judges often set a motion cut-off date or deadline. more...

Law and Motion Calendars

All Law and Motion matters are heard in the Law and Motion Department except for the following matters, more...

.

 Rules and Requirements

Separate Motion

A motion for sanctions pursuant to Code of Civil Procedure 128.7 must be made separately from any more...

Description of Sanctionable Conduct and Response

A motion for sanctions must provide a description of the conduct that allegedly violates Code of Civil Procedure more...

Response to Description of Sanctionable Conduct

Opposition papers may include a response to the description of allegedly sanctionable conduct. more...

Sanctions

Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient more...

Attorney's Fees and Expenses

The court may award to the prevailing party reasonable expenses and attorney's fees incurred in presenting or opposing more...

Inapplicable to Discovery

Code of Civil Procedure 128.7 does not apply to discovery documents including requests, responses, objections and discovery motions. more...

Sanctions For CRC Violations

In General

In addition to any other sanctions permitted by law, the court may order a person, after written notice more...

Notice and Procedure

Sanctions must not be imposed under this rule except on noticed motion by the party seeking sanctions or more...

Award and Expenses

In addition to the sanctions awardable under (b), the court may order the person who has violated an more...

Order

An order imposing sanctions must be in writing and must recite in detail the conduct or circumstances justifying more...

Local Rule Regarding Sanctions

Failure to comply with any provisions of the Code of Civil Procedure, the California Rules of Court, or more...

(a) Dropping the matter from the calendar; more...

(b) A fine paid to the Clerk of the Court by the responsible party or counsel; more...

(c) Order for payment of reasonable costs and expenses, including attorney fees, to the opposing party; more...

(d) Other sanctions authorized by CCP Section 575.2, GC 68608(b), California Rules of Court 2.30, infra or other more...

 

 MOVING PAPERS

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

A notice of motion must state in the opening paragraph the nature of the order being sought and more...

Motion

Motion papers must include "the motion itself." .A motion must identify the moving party and the party to whom it is addressed, briefly state the more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. more...

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

15 Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

Table of Contents

A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...

Summary of Argument

A memorandum that exceeds 15 pages must also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

San Mateo County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

Interpreters and Translators

A party seeking to use an interpreter must give notice to the Court and all other parties of more...

Unless the interpreter is an official court interpreter, the party employing the interpreter must provide the interpreter's name more...

Unless all parties consent, a "relation or friend" may not serve as an interpreter or translator in a more...

Declarations

San Mateo County SmartRules procedural guide: DECLARATIONS. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Judicial Notice

San Mateo County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

 Additional Documents

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Proposed orders may be filed and submitted electronically as provided in . . more...

San Mateo County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

Declaration Re Sanctions

The moving papers must include a declaration regarding the sanctions sought.Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient more...

 FILING AND SERVICE

Filing

Method

San Mateo County SmartRules procedural guide: FILING DOCUMENTS. more...

Filing Fees

The schedule of San Mateo filing fees is available online at: more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Inadequate Proof of Service

In San Mateo County Superior Court, a proof of service is inadequate if it simply recites that the more...

Service

Personal Service

Personal service of moving papers must be made at least 21 days plus 16 court days before the more...

"Safe Harbor" Provision of Section 128.7

Notice of motion shall be served as provided in [Code of Civil Procedure] Section 1010, but shall not more...

Mail Service

If service is made by mail, service must be made at least twenty-one (21) days plus sixteen (16) more...

; .

 

Facsimile Service or Express Mail Service

Service may be made by fax on written agreement of the parties. . Fax service completed after 5 p.m. is deemed to have occurred on the next court day. more...

 Hearing and Disposition

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Continuances and Taking Matters Off Calendar

The court may order monetary sanctions if a party fails to advise the court at least three (3) more...

In order to drop hearings, the moving party must send a written document to the Clerk's Office by more...

In order to continue or advance a matter, all parties must agree in writing to the new date. more...

Tentative Rulings

A tentative ruling on a law and motion matter may be obtained by telephoning , after 3:00 p.m. or by accessing the court s website at: more...

on the first court day immediately preceding the hearing on the motion. more...

.

Call Opposing Counsel Day Before Hearing To Confirm Appearance

Parties intending to appear on the matter shall notify the Law and Motion Department or the department hearing more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . San Mateo County SmartRules procedural guide: more...

Ruling and Order

San Mateo County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 Sanctions Order

Sanctions Order

The court's order imposing sanctions must describe the conduct that violated Code of Civil Procedure 128.7 and explain more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior