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 In re the marriage of: ) Case No.

)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF MOTION FOR
13 and ) DAMAGES AND SANCTIONS FOR BREACH OF
) FIDUCIARY DUTY UNDER FAMILY CODE
14 Respondent:____________________________ ) SECTIONS 721 AND 100 AND REQUEST FOR
) SANCTIONS PURSUANT TO FAMILY CODE
15 ) SECTION 271; DECLARATION OF ________;
) EXHIBITS
16 )
) DATE:
17 ) TIME:
) DEPT:
18

19
To subscribe to my FREE weekly legal newsletter visit
20

21 http://legaldocspro.net/newsletter.htm and enter your e-mail

22

23
address.
24
To view more information on a divorce litigation document
25

26 package sold by LegalDocsPro with over 45 sample documents selling

27

28

- 1 -
POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
 1 at a huge discount visit: http://legaldocspro.net/california-divorce-
2

3
litigation-document-package/
4
Be sure to remove these notices and all other notices before using
5

6 this document.
7
TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
8
NAME AND CAPACITY OF MOVING PARTY herein submits their Memorandum of
9

10
Points and Authorities in support of their motion for sanctions pursuant to Family Code 271 and

11 2100 in the amount of $LIST AMOUNT and attorneys fees in the amount of $LIST AMOUNT for

12 a total award of sanctions and attorneys fees in the amount of $ LIST AMOUNT against NAME
13
OF OTHER PARTY on the grounds that LIST HERE THE GROUNDS SUCH AS THE OTHER
14
PARTY AND/OR THEIR COUNSEL ENGAGED IN DELAY TACTICS, ENGAGED IN
15
CONDUCT THAT FRUSTRATED OR PEVENTED AN EXPEDITIOUS SETTLEMENT OF
16

17 THIS CASE AND/OR VIOLATED THE PUBLIC POLICY OF EXPEDITIOUS

18 RESOLUTION OF LEGAL DISPUTES SUCH AS REFUSING TO COMPLY WITH

19
REASONABLE DISCOVERY REQUESTS, FILING OF NUMEROUS FRIVOLOUS
20
MOTIONS OR OPPOSITIONS, BREACHED THEIR FIDUCIARY DUTY TO DISCLOSE
21
FINANCIAL INFORMATION, ETC. as more fully set forth in the declaration(s) of MOVING
22

23 PARTY and exhibits attached thereto, concurrently filed and served herewith and incorporated herein

24 by reference.
25
The motion will be based on the notice of motion or request for order and the memorandum of
26
points and authorities concurrently served and filed herewith, on the declaration of MOVING
27
PARTY and Exhibits attached thereto concurrently served and filed herewith, on the papers and
28

- 2 -
POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
 1 records on file herein, and on such oral and documentary evidence as may be presented at the hearing
2 of the motion
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
to your particular situation. Do NOT ask for attorneys fees if you are
8
representing yourself unless you have actually incurred attorneys fees.
9

10 Note that you MUST personally file and serve all of your
11
documents including the motion or request for order as well as all other
12

13 supporting documents on the other party at least sixteen (16) Court

14

15
days before the hearing date. Note that Court days means Monday
16
through Friday not counting Court holidays.
17

18 Check with the clerk of your Court to determine if there are any
19
additional requirements imposed by your particular Court.
20

21

22
Dated________________ _______________________________________________
23 ANY ATTORNEY OR PARTY
24

25

26

27
MEMORANDUM OF POINTS AND AUTHORITIES
28

- 3 -
POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
 1 I.
2 STATEMENT OF FACTS
3
DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
4
AS TYPE OF CASE, DATE(S) OF HEARINGS OR TRIALS, DATE AND DETAILS OF ANY
5

6
RELEVANT COURT ORDERS, ETC.

7 NAME AND CAPACITY OF MOVING PARTY contends that the Court should award

8 sanctions pursuant to Family Code 271 and 2100 in the amount of $ LIST AMOUNT and
9
attorneys fees in the amount of $ LIST AMOUNT for a total award of sanctions and attorneys fees
10
in the amount of $ LIST AMOUNT against NAME OF OTHER PARTY on the grounds that LIST
11
HERE THE GROUNDS SUCH AS THE OTHER PARTY AND/OR THEIR COUNSEL
12

13 ENGAGED IN DELAY TACTICS, ENGAGED IN CONDUCT THAT FRUSTRATED OR

14 PEVENTED AN EXPEDITIOUS SETTLEMENT OF THIS CASE AND/OR VIOLATED THE

15
PUBLIC POLICY OF EXPEDITIOUS RESOLUTION OF LEGAL DISPUTES SUCH AS
16
REFUSING TO COMPLY WITH REASONABLE DISCOVERY REQUESTS, FILING OF
17
NUMEROUS FRIVOLOUS MOTIONS OR OPPOSITIONS, BREACHED THEIR
18

19 FIDUCIARY DUTY TO DISCLOSE FINANCIAL INFORMATION, ETC. as more fully set

20 forth in the declaration(s) of MOVING PARTY and exhibits attached thereto, concurrently filed and
21
served herewith and incorporated herein by reference.
22
Be sure to modify these paragraphs to suit your individual
23

24 situation. Do NOT just use the wording here unless it definitely applies
25

26 to your particular situation.

27
II.
28

- 4 -
POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS
 1 LEGAL ARGUMENT
2 A. THIS COURT HAS THE STATUORY AUTHORITY TO AWARD SANCTIONS
3
TO THE MOVING PARTY PURSUANT TO FAMILY CODE 271 DUE TO
4
REPEATED CONDUCT OF ______ THAT HAS BOTH PREVENTED AND
5

6
FRUSTRATED AN EXPEDITIOUS SETTLEMENT OF THIS CASE WHICH IS THE

7 PUBLIC POLICY OF CALIFORNIA AND HAS BREACHED THEIR FIDUCIARY

8 DUTY
9
To purchase the entire 15 page document visit:
10

11 https://legaldocspro.myshopify.com/products/sample-motion-for-
12

13
family-code-section-271-sanctions-in-california
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 5 -
POINTS AND AUTHORITIES-MOTION FOR DAMAGES AND SANCTIONS