# Motion with Memorandum Template (California) A complete scaffold for a California civil motion with an accompanying Memorandum of Points and Authorities. Compliant with CRC 2.100-2.119, CRC 2.111, CRC 2.112, and the notice requirements of Code Civ. Proc., § 1005(b). ## Document set for a noticed motion California motion practice typically involves these separate documents, each filed as an individual PDF: 1. **Notice of Motion and Motion** (this template) 2. **Memorandum of Points and Authorities** (combined or separate) 3. **Supporting Declaration(s)** (see `declaration.md`) 4. **Separate Statement** (required for discovery motions — Cal. Rules of Court, rule 3.1345) 5. **Proposed Order** (see `proposed-order.md`) 6. **Proof of Service** (POS-030 or declaration of service) Many practitioners combine the Notice of Motion, Motion, and Memorandum into a single document — this is acceptable and common. ## Full scaffold ``` JANE DOE 123 Main Street Los Angeles, CA 90012 Tel: (213) 555-0100 Email: jane.doe@email.com Defendant, self-represented IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES VELOCITY INVESTMENTS, LLC, ) ) Case No. 24STCV12345 Plaintiff, ) ) DEFENDANT JANE DOE'S vs. ) NOTICE OF MOTION AND ) MOTION TO COMPEL JANE DOE, ) FURTHER RESPONSES TO ) SPECIAL Defendant. ) INTERROGATORIES, SET ) ONE; MEMORANDUM OF ) POINTS AND AUTHORITIES ) IN SUPPORT THEREOF ) ) Date: March 15, 2025 ) Time: 10:00 a.m. ) Dept.: 36 ) Judge: Hon. John Smith ) Reservation No.: 12345678 ───────────────────────────────────────────────────────────── NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE TO PLAINTIFF VELOCITY INVESTMENTS, LLC, AND ITS COUNSEL OF RECORD: PLEASE TAKE NOTICE that on March 15, 2025, at 10:00 a.m., or as soon thereafter as the matter may be heard, in Department 36 of the above-entitled court, Defendant Jane Doe will and does move this Court for an order compelling Plaintiff to serve further responses to Defendant's Special Interrogatories, Set One, Nos. 1-15, pursuant to Code of Civil Procedure section 2030.300. The motion is based on the grounds that Plaintiff's responses are evasive, incomplete, and legally insufficient, and that the parties' meet and confer efforts have been unsuccessful. The motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declaration of Jane Doe, the accompanying Separate Statement, the records and files of this action, and on such further evidence and argument as may be presented at the hearing. DATED: _________________, 2025. ______________________________________ JANE DOE Defendant, self-represented MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE I. INTRODUCTION Plaintiff Velocity Investments, LLC initiated this action to collect an alleged consumer debt of $[amount] arising from a credit card account. Defendant Jane Doe denies that she owes the alleged debt and has disputed the account's validity, the plaintiff's ownership of the account, and Plaintiff's compliance with the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.). On [date], Defendant served Special Interrogatories, Set One, on Plaintiff to obtain foundational information about the alleged debt. Plaintiff served objection-laden, evasive responses that fail to comply with the Code of Civil Procedure. Despite good-faith meet-and-confer efforts, no resolution was reached. Defendant now moves to compel. II. FACTUAL BACKGROUND A. The Underlying Dispute [Summarize the facts of the case, citing the supporting declaration: "As set forth in the Declaration of Jane Doe ('Doe Decl.'), ¶ [N], ..."] B. Discovery Served and Responses Received On [date], Defendant served Special Interrogatories, Set One, on Plaintiff by [method of service]. (Doe Decl., ¶ [N], Ex. A.) On [date], Plaintiff served its responses. (Doe Decl., ¶ [N], Ex. B.) The responses to Interrogatory Nos. [X, Y, Z] consisted entirely of improper objections and/or incomplete substantive responses. C. Meet and Confer On [date], Defendant sent a meet-and-confer letter to Plaintiff's counsel pursuant to Code Civ. Proc., § 2016.040 and Cal. Rules of Court, rule 3.1345(a). (Doe Decl., ¶ [N], Ex. C.) Plaintiff did not agree to supplement its responses. (Doe Decl., ¶ [N].) Defendant has therefore been compelled to file this motion. III. LEGAL STANDARD "On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general." (Code Civ. Proc., § 2030.300(a).) "A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040." (Code Civ. Proc., § 2030.300(b)(1).) IV. ARGUMENT A. Plaintiff's Objections to Special Interrogatory No. [X] Are Meritless [Interrogatory text from Separate Statement:] "SPECIAL INTERROGATORY NO. [X]: [Full text]" [Response from Separate Statement:] "RESPONSE TO SPECIAL INTERROGATORY NO. [X]: [Full text]" [Argument:] Plaintiff's objection that [objection] is without merit because [reason]. Courts have held that [citation]. Plaintiff should be ordered to provide a complete, substantive response. B. Plaintiff's Responses to Special Interrogatories Nos. [Y-Z] Are Evasive and Incomplete [Argument for the remaining interrogatories] V. SANCTIONS [If seeking sanctions:] Defendant is entitled to monetary sanctions against Plaintiff and its counsel pursuant to Code of Civil Procedure section 2030.300(d), which provides for sanctions against "the losing party" unless the court finds "that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." Defendant requests sanctions in the amount of $[amount], representing [N] hours of attorney/party time at $[rate] per hour. (Doe Decl., ¶ [N].) VI. CONCLUSION For the foregoing reasons, Defendant respectfully requests that this Court: 1. Issue an order compelling Plaintiff to serve further, code-compliant responses to Special Interrogatories, Set One, Nos. 1-15, without objection, within 20 days of the order; and 2. Award Defendant monetary sanctions in the amount of $[amount] against Plaintiff and its counsel of record, payable within 30 days of the order. DATED: _________________, 2025. ______________________________________ JANE DOE Defendant, self-represented 123 Main Street Los Angeles, CA 90012 (213) 555-0100 jane.doe@email.com ``` ## Memorandum page limit Cal. Rules of Court, rule 3.1113(d): memoranda in support of or in opposition to a motion may not exceed **15 pages** without a court order. Rule 3.1113(e): a reply memorandum may not exceed **10 pages** without a court order. The page limits do not include exhibits, declarations, or proposed orders — only the memorandum text itself. ## Separate Statement requirement (discovery motions) For any motion to compel further discovery responses, Cal. Rules of Court, rule 3.1345 requires a **Separate Statement of Discovery in Dispute** filed as a separate document. The Separate Statement lists each discovery request in dispute with: 1. The full text of the request 2. The full text of the response 3. The reason a further response should be ordered Failure to file the Separate Statement is grounds for denial of the motion. See `ca-discovery` for the Separate Statement format. ## Opposition and reply timing Under Code Civ. Proc., § 1005(b): - **Opposition** due 9 court days before hearing - **Reply** due 5 court days before hearing For motions served by mail (+5 calendar days to notice period): - **Opposition** due 9 court days before hearing (no change — the opposition timing runs from the hearing date, not the service date) - **Reply** due 5 court days before hearing