Sample ex parte application for osc for civil contempt in California

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LegalDocsProLegal entrepreneur and retired litigation paralegal em LegalDocsPro

This sample ex parte application for Order to Show Cause for Contempt in California is filed pursuant to Code of Civil Procedure section 1209, et seq., on the grounds that a party has willfully disobeyed an order of the Court, or has otherwise committed indirect contempt. The sample ex parte application also requests the reasonable attorney’s fees and costs incurred with commencing the contempt proceeding pursuant to Code of Civil Procedure section 1218(a). The sample on which this preview is based is 19 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, sample declaration regarding ex parte notice, proposed order to show cause, and proposed order re: contempt. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty of success is provided.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF EX PARTE APPLICATION AND EX-
PARTE APPLICATION FOR ISSUANCE OF
ORDER TO SHOW CAUSE FOR CIVIL
CONTEMPT AND REQUEST FOR ATTORNEY’S
FEES AND COSTS; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION OF
__________;
EXHIBITS
DATE:
TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address.
To view over 300 sample legal documents sold by LegalDocsPro
visit: http://www.scribd.com/LegalDocsPro
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Be sure to remove this notice and all other notices before using
this document.
TO _________________________________AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
_____________________, will and does move the Court by ex parte application for an Order to
Show Cause for Civil Contempt pursuant to Code of Civil Procedure § 1209 et seq. directed to
_________________ on the grounds that _________ willfully disobeyed an order of this Court dated
_________ in that LIST HERE THE SPECIFIC FACTS AND EVIDENCE THAT SUPPORT
YOUR CONTENTION THAT THE OTHER PARTY WILLFULLY DISOBEYED A COURT
ORDER AND BE SURE TO CITE TO ANY RELEVANT DOCUMENTS ATTACHED TO
ANY DECLARATIONS, and order _______ to pay the total amount of $______ for reasonable
attorney’s fees and costs incurred with commencing this contempt proceeding.
This ex parte application will be based upon this notice, the attached memorandum of points
and authorities in support thereof, the files and records of this case, the declaration of __________
and Exhibits attached thereto, and such other and further oral and documentary evidence as may be
presented at the hearing.
Dated: ________________ __________________________________________
ANY ATTORNEY OR PARTY
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case involves PROVIDE A BRIEF DESCRIPTION OF CASE INCLUDING
PARTIES AND CAUSES OF ACTION, ETC.
On ___________ the Court issued an order directed to _______________ ordering
_________ to LIST HERE THE SPECIFIC DETAILS OF THE ORDER SUCH AS A
TEMPORARY RESTRAINING ORDER, ORDER TO PERFORM A SPECIFIC
ACTION,ETC. See the attached declaration of _______ at ¶ __ and Exhibit “1” attached thereto
concurrently filed and served herewith and incorporated herein by reference.
______ had knowledge of said order in that they were personally present in Court when the
order was made, or counsel for _________ was present in Court at the time that the order was made
and was served with a copy of the order. See the attached declaration of _______ at ¶ __ and Exhibit
“2” attached thereto concurrently filed and served herewith and incorporated herein by reference.
_______________ had the ability to comply with the order in that LIST HERE THE
SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION. See the attached declaration of
_______ at ¶ __ and Exhibit “3” attached thereto concurrently filed and served herewith and
incorporated herein by reference.
To purchase the entire 19 page document visit:
https://legaldocspro.myshopify.com/products/sample-ex-parte-
application-for-order-to-show-cause-for-contempt-in-california
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Sample ex parte application for osc for civil contempt in California

  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF EX PARTE APPLICATION AND EX- PARTE APPLICATION FOR ISSUANCE OF ORDER TO SHOW CAUSE FOR CIVIL CONTEMPT AND REQUEST FOR ATTORNEY’S FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 300 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro - 1 -
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. TO _________________________________AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________, _____________________, will and does move the Court by ex parte application for an Order to Show Cause for Civil Contempt pursuant to Code of Civil Procedure § 1209 et seq. directed to _________________ on the grounds that _________ willfully disobeyed an order of this Court dated _________ in that LIST HERE THE SPECIFIC FACTS AND EVIDENCE THAT SUPPORT YOUR CONTENTION THAT THE OTHER PARTY WILLFULLY DISOBEYED A COURT ORDER AND BE SURE TO CITE TO ANY RELEVANT DOCUMENTS ATTACHED TO ANY DECLARATIONS, and order _______ to pay the total amount of $______ for reasonable attorney’s fees and costs incurred with commencing this contempt proceeding. This ex parte application will be based upon this notice, the attached memorandum of points and authorities in support thereof, the files and records of this case, the declaration of __________ and Exhibits attached thereto, and such other and further oral and documentary evidence as may be presented at the hearing. Dated: ________________ __________________________________________ ANY ATTORNEY OR PARTY - 2 -
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case involves PROVIDE A BRIEF DESCRIPTION OF CASE INCLUDING PARTIES AND CAUSES OF ACTION, ETC. On ___________ the Court issued an order directed to _______________ ordering _________ to LIST HERE THE SPECIFIC DETAILS OF THE ORDER SUCH AS A TEMPORARY RESTRAINING ORDER, ORDER TO PERFORM A SPECIFIC ACTION,ETC. See the attached declaration of _______ at ¶ __ and Exhibit “1” attached thereto concurrently filed and served herewith and incorporated herein by reference. ______ had knowledge of said order in that they were personally present in Court when the order was made, or counsel for _________ was present in Court at the time that the order was made and was served with a copy of the order. See the attached declaration of _______ at ¶ __ and Exhibit “2” attached thereto concurrently filed and served herewith and incorporated herein by reference. _______________ had the ability to comply with the order in that LIST HERE THE SPECIFIC FACTS THAT SUPPORT YOUR CONTENTION. See the attached declaration of _______ at ¶ __ and Exhibit “3” attached thereto concurrently filed and served herewith and incorporated herein by reference. To purchase the entire 19 page document visit: https://legaldocspro.myshopify.com/products/sample-ex-parte- application-for-order-to-show-cause-for-contempt-in-california - 3 -