Name: 		Your Name

Address:	Your Street Address

		Your City, State, and Zip

Telephone:	Your Telephone Number

		Plaintiff or Defendant, In Pro Per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

Plaintiff's Name,
	Plaintiff,
	vs.
Defendant's Name,
	Defendant	Case No.: Case Number

MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS AND GENUINENESS OF DOCUMENTS AND IMPOSING MONETARY SANCTIONS 

Date: Hearing Date
Dept/Time:	 Dept. 53 at 2:00 p.m.
		 Dept. 54 at 9:00 a.m. 

Date Complaint was filed: Date Complaint Filed	
NOTICE IS HEREBY GIVEN that on Hearing Date, at Hearing Time, or as soon thereafter as the matter may be heard, in  Dept. 53   Dept. 54 of this court, located at 813 Sixth St., Sacramento, CA, Plaintiff or Defendant Your Name will, and hereby does, move the court for an order pursuant to Sections 2023.010 et seq. and 2033.280 of the Code of Civil Procedure  that the truth of all specified matters, and the genuineness of all specified documents, in his/her Request For Admissions, Set No. Set Number, served on Plaintiff or Defendant Responding Party on Date RFAs were served be deemed admitted, and for monetary sanctions against  responding party  Responding Party and his/her attorney Responding Party's attorney in the amount of $Sanction Amount. The motion will be made on the grounds that the responding party Responding Party failed to serve a timely response to the moving party’s above-described Request for Admissions.

The motion will be based on this notice of motion; on the declaration(s) of Your Name and the copies of the Requests for Admissions attached thereto as Exhibit A; the memorandum filed herewith; on the records and file herein; and on such evidence as may be presented at the hearing of the motion.

Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded from the Court's public access site. If you do not have online access, you may call the dedicated phone number for the department as referenced in the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and listen to the tentative ruling. If the party does not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Dated:	  Date		

	

Your Name	
Plaintiff or Defendant,
In Pro Per

  

Memorandum of Points and Authorities
I.  BACKGROUND
	This motion arises from Plaintiff or Defendant  Your Name’s Request for Admissions Set No. Set Number. On Date RFAs were served, the moving party served his/her Set Number  set of requests for admissions on Plaintiff or Defendant  Responding Party  by personal service   by mail. (Your Name Decl., ¶ 2.) The time for Plaintiff or Defendant  to serve a timely response expired on Response Deadline. The moving party has received no response to date. (Your Name Decl., ¶ 3.)
The moving party is now asking the court to order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, and that Plaintiff or Defendant  pay the moving party $Sanction Amount in monetary sanctions.

II. LEGAL ARGUMENT

A.	Pursuant to California Code of Civil Procedure (CCP) § 2033.280(b), the Court 
Must Order that the Genuineness of Documents and/or Truth of All 
Matters Specified in Moving Party’s Request for Admissions 
Set No. Set Number Be Deemed Admitted

If a party to whom requests for admission have been directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code Civ. Proc. § 2033.280(b) ). The court shall make the requested order for deemed admissions, unless it finds that before the hearing on the motion the party to whom the requests for admission have been directed has served a proposed response to the requests for admission that is in substantial compliance with CCP §§ 2033.210–2033.230. (Code Civ. Proc. § 2033.280(c) .

In this case, the time for the responding party to serve a timely response expired on Response Deadline, and no response has been served at this time. (Your Name Decl., ¶ 3.) As a result, the court must make the requested order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.
B.	Pursuant to California Code of Civil Procedure § 2023.030, the Court 
Must Impose a Monetary Sanction on the Party Whose Failure to Serve a 
Timely Response Necessitated the Motion for Deemed Admissions.
The court must impose a CCP § 2023.030 monetary sanction on the party, attorney, or both, whose failure to serve a timely response to requests for admission necessitated the motion for deemed admissions. (Code Civ. Proc. § 2033.280(c). A pro se litigant can recover any reasonable expenses incurred, including photocopying, computer-assisted legal research, and other identifiable and allocable costs (see Kravitz v. Superior Court (2001) 91 Cal. App. 4th 1015, 1017, 111 Cal. Rptr. 2d 385).
As a result of the responding party’s failure to respond to the Request for Admissions described above, the moving party has necessarily incurred reasonable expenses in the amount of $Sanction Amount. (Your Name Decl., ¶ 4.)
The moving party therefore requests that the Court order 1.that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, and 2. that Plaintiff or Defendant  Responding Party, his or her attorney, or both, pay the moving party $Sanction Amount in monetary sanctions. 

Dated:	  Date		

Your Name	
Plaintiff or Defendant,
In Pro Per

DECLARATION
1.  I, Your Name, am the Plaintiff or Defendant in this matter, and I declare the following in support of my motion to deem matters in my Request for Admissions Set No. Set Number be admitted, and for sanctions.
2. On Date RFAs were served, I served my Set Number set of Requests for Admissions on Plaintiff or Defendant Responding Party  by personal service   by mail. A copy of those Requests for Admissions including Proof of Service is attached as Exhibit A and incorporated by reference.
3. The time for  Responding Party to serve a response in a timely manner expired on Response Deadline, and I have not at this time received any response.
4. As a result of Responding Party’s failure to respond to the Request for Admissions described above, I have necessarily incurred the following reasonable expenses: 
$       Costs of filing the motion 
$       Photocopying
$       Transportation to and from court
$       Other:       

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:	  Date		

	

Your Name	
Plaintiff or Defendant,
In Pro Per

 Plaintiff’s
 Defendant’s 
Request for Admissions, Set No. ___

Exhibit A