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California Points & Authorities
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


20-207 California Points & Authorities 207.syn


Title

Sanctions

Author

The Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

In California, sanctions may be imposed for improper litigation tactics under a number of statutes.

This chapter of California Points and Authorities contains points and authorities for use in supporting and opposing motions for sanctions in trial court actions and proceedings. It contains memoranda of points and authorities supporting and opposing a motion for sanctions under Cal. Code Civ. Proc. § 128.5 for actions or tactics that are frivolous or have an improper purpose arising from complaints filed or proceedings initiated before 1995. The chapter also contains memoranda of points and authorities supporting and opposing a motion for sanctions under Cal. Code Civ. Proc. § 128.7 (which replaces Cal. Code Civ. Proc. § 128.5) for complaints filed or other proceedings initiated after 1994.

The chapter contains points and authorities supporting a motion for sanctions for violating a court order; points and authorities supporting a motion for sanctions for violating local court rules; and points and authorities supporting a motion for defense costs in an action brought under the California Tort Claims Act or any civil action for indemnity or contribution. A form of memorandum opposing the imposition of a terminating sanction for violation of local rules is also included.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.

CORE TERMS:

California law,California practice,sanctions,California Code of Civil Procedure,California civil rules,motion for sanctions,violating,violation,terminating sanction

RELATED CHAPTERS: (View)

For a discussion of how to draft a memorandum of points and authorities or a trial or appellate brief, and for a sample of a complete memorandum, see Ch. 1, Writing Legal Memoranda and Briefs.

For points and authorities on discovery sanctions, see Ch. 82, Discovery: Sanctions for Discovery Misuse.

RELATED PUBLICATIONS:

For a discussion, procedure, and forms pertaining to trial court sanctions, see California Forms of Pleading and Practice, Ch. 510, Sanctions (Matthew Bender).

For a discussion and forms relating to sanctions for frivolous appeals, see California Forms of Pleading and Practice, Ch. 49, Appeal: Sanctions (Matthew Bender).

For a discussion and forms relating to discovery sanctions, see California Forms of Pleading and Practice, Ch. 192, Discovery: Sanctions for Discovery Misuse General Introduction (Matthew Bender).

For a discussion and forms relating to sanctions in family law proceedings, see California Forms of Pleading and Practice, Ch. 224, Dissolution of Marriage and Related Proceedings: Child Support (Matthew Bender).
 
 
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