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Need Help w/ Declaration In Support of Sanctions


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We had Settlement Conference last week and Plaintiff sent rent a lawyer who new nothing about our case. Judge said we could file Declaration in support of sanctions against counsel for not appearing.

Plaintiffs atty was also nailed with sanctions for not filing MSC paperwork and has a very short time to reply to an order to show cause for trial atty not appearing.

Things have swung in our favor and all we have done is filed required paperwork and SHOWED UP to hearings. It is obvious they are trying to get a default judgement out of us.

I have searched this site and the web and have been unable to find an example of this doc nor a Calif form for this.

Can anyone help? This could help us greatly with our case......Thanks in advance!

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We had Settlement Conference last week and Plaintiff sent rent a lawyer who new nothing about our case. Judge said we could file Declaration in support of sanctions against counsel for not appearing.

Plaintiffs atty was also nailed with sanctions for not filing MSC paperwork and has a very short time to reply to an order to show cause for trial atty not appearing.

Things have swung in our favor and all we have done is filed required paperwork and SHOWED UP to hearings. It is obvious they are trying to get a default judgement out of us.

I have searched this site and the web and have been unable to find an example of this doc nor a Calif form for this.

Can anyone help? This could help us greatly with our case......Thanks in advance!

you best bet would to be to hit your court house law library, or you can try your states court web site ( here its wacourts.gov) and you may have the links to the docs you need, Motion for sanctions, or declaration of sanction

west.thomson.com/store/

found this link for Calif

http://www.scribd.com/doc/962290/Motion-for-sanctions

this has a good sample

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Did the Judge say what she was looking for in the declaration? If that happened to me, I would file a declaration seeking my attorneys' fees for the time I wasted traveling to and appearing at the hearing. You can't do that because you are not a lawyer. You might say that you are appearing in pro per, you were forced to miss work, you make $X per hour at your job, and therefore ask that the Court order plaintiff to pay you that sum in sanctions. Not sure it will work, however.

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