Professional Documents
Culture Documents
Harley
P.O. Box 1062
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Thousand Oaks, CA. 91358-0062
3 (805)558-3590
Appearing In Propria Persona
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TO DEFENDANT CAVALRY PORTFOLIO SERVICES, LLC AND ATTORNEY OF
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RECORD:
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PLEASE TAKE NOTICE that on January , 2009 at 08:30am in the
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above-entitled court in room #42, 800 S. Victoria Ave., Ventura,
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California, County of Ventura, plaintiff will move the court for
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an order compelling response to a Case Questionnaire request.
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This motion is made pursuant to Code of Civil Procedure (CCP)
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Section 93. In addition, plaintiff will also seek monetary
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sanctions against defendant for reasonable expenses associated
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with the time and costs incurred in bringing this motion.
NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 1
1 Good cause exists to grant plaintiff’s motion to compel because
2 defendant has failed and refused to serve a response to a Case
3 Questionnaire request as required under CCP §93.
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NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 2
1 POINTS AND AUTHORITIES
2 INTRODUCTION
3 Defendant has failed and refused to serve a response to a Case
4 Questionnaire request as required under California Code of Civil
5 Procedure (CCP) Section 93. The following argument will show
6 that plaintiff is in violation of CCP §93 and that the Court
7 should, pursuant to the above section, issue an order compelling
8 defendant to respond to the Questionnaire and order defendant to
9 pay monetary sanctions to plaintiff.
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11 ARGUMENT
12 On October 02, 2008 defendant Cavalry Portfolio Services, LLC was
13 served with plaintiff’s filled-out Case Questionnaire and a blank
14 Case Questionnaire. A true copy of the proof of service is
15 attached to plaintiff’s declaration as Exhibit “1” and
16 incorporated by reference.
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18 CCP §93:
19 (a) The plaintiff has the option to serve case questionnaires
20 with the complaint, using forms approved by the Judicial Council.
21 The questionnaires served shall include a completed copy of the
22 plaintiff's completed case questionnaire, and a blank copy of the
23 defendant's case questionnaire.
24 (b) Any defendant upon whom a case questionnaire is served
25 shall serve a completed defendant's case questionnaire upon the
26 requesting plaintiff with the answer.
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NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 3
1 As of the date of this filing, plaintiff has not received
2 defendant’s completed Case Questionnaire. Defendant’s proof of
3 service does not indicate that the Case Questionnaire was served
4 with its answer as required by statute. A true copy of
5 defendant’s proof of service is attached to plaintiff’s
6 declaration as Exhibit “2” and incorporated by reference. Based
7 upon information and belief, defendant has not served its
8 completed Case Questionnaire.
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NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 4
1 Conclusion
2 Upon a failure to make a timely response to a Case Questionnaire
3 request, the party serving the Questionnaire may move the court
4 for an order compelling a response.
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NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 5
1 substantial justification or that other circumstances make the
2 imposition of the sanction unjust.
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NOTICE OF AND MOTION FOR ORDER TO COMPEL RESPONSE TO CASE QUESTIONNAIRE REQUEST Page 6