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Attorney for Petitioner
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR THE COUNTY OF , HALL OF JUSTICE COURTHOUSE
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PARTY A , an individual,
Petitioner,
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vs.
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PARTY B , an individual,
Respondent
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Case No.:
NOTICE OF MOTION AND MOTION
FOR PROTECTIVE ORDER
RESTRICTING DISCOVERY;
SUPPORTING DECLARATION OF
RICHARD ANDERSON;
MEMORANDUM OF POINTS AND
AUTHORITIES
Dept : 3
Time : 8:30 am
Judge :
Evidentiary Hearing Date : April 10, 2014
TO MR. PARTY B AND HIS ATTORNEYS OF RECORD AND MINORS
COUNSEL,
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NOTICE IS HEREBY GIVEN that on _______________, at Department of the Superior
Court, located at
at 8:30 a.m., or as soon thereafter as the matter may be heard,
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Petitioner Party a will, and hereby does, move for a protective order restricting
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Petitioner Ms. A and minor children, bob and sue, from direct and cross-examination by
Mr. Party B , on the grounds that there is a permanent restraining order preventing
contact from Mr. Hill to the parties and the ground that the selected method of
discovery is unduly burdensome and threatening to defendants health and safety and
NOTICE OF MOTION AND MOTION FOR PROTECTIVE
ORDER RESTRICTING DISCOVERY - 1
Respondent has not provided proof that they are necessary for the presentation of
relevant, non-privileged evidence. Defendant will also move for the imposition of a
monetary sanction against Respondent Party B . The motion for protective order will
be made on the ground that the selected method of discovery is unduly burdensome
and threatening to defendants health, taking into account the needs of the case, the
amount in controversy, and the importance of the issues at stake in the litigation.
The motion will be based on this notice of motion, on the declaration of Richard
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Anderson and the memorandum of points and authorities served and filed herewith, on
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the papers and records on file herein, and on such oral and documentary evidence as
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may be presented at the hearing of the motion.
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Dated: January 27, 2014
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LAW OFFICE OF
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By : ____________________________
, Esq
Attorney for Petitioner
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NOTICE OF MOTION AND MOTION FOR PROTECTIVE
ORDER RESTRICTING DISCOVERY - 2
SUPPORTING DECLARATION OF
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, declare that:
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I am an attorney at law licensed to practice in all of the Courts of the state
of California and I am the attorney of record for Petitioner Ms. Party a herein,
and have personal knowledge of each of the facts set forth in this Declaration,
and can testify competently thereto, except as to the matters stated on
information and belief, and as such matters, I believe them to be true. I submit
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this declaration in lieu of personal testimony pursuant to CCP sections 2009,
2015.5, California Rules of Court, Rule 5.118(f), California Rules of Court 1225,
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Reifler v Superior Court, 154 [Link].3d 1051.
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2)
I have practiced Family Law for more than 12 years.
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3)
The exhibits attached to this declaration are true and correct copies of the
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documents they purport to be. Petitioner is attaching a true and correct copy of
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this Courts permanent restraining order dated :____________, as Exhibit A,
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Respondents Witness List , as Exhibit B, and Declaration of Party B dated
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January 28, 2014.
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4)
Good cause exists for the protective order sought by Petitioner as this
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Court has already issued a permanent restraining order preventing contact by
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the Respondent Mr. Party B , attached hereto as Exhibit A, and furthermore the
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testimony sought by Respondent from Petitioner is not relevant to the
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evidentiary hearing.
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5)
Additionally, should this Court find that relevancy is established, it should be
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established any probative value would be seriously outweighed by the prejudicial
NOTICE OF MOTION AND MOTION FOR PROTECTIVE
ORDER RESTRICTING DISCOVERY - 3
value of any testimony garnered.
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6)
report
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Relevant testimony can be found in alternative means, such as Dr. ABCs
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I have emailed Mr B on several occasions, as this is the common form of
communications that has existed between the parties, for him to withdraw Ms.
Hill and the children from this evidentiary hearing, but he has refused.
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On March 15, 2004, plaintiffs counsel telephoned me to say that the
deposition would go forward as noticed, and that he would not discuss the
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matter further. Exhibit C is my letter to plaintiffs counsel confirming that
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discussion.
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9)
By the time a reply is prepared and served, and the hearing of this matter is
completed, defendants will have incurred $1500 in attorneys fees (4 hours
paralegal time at $150 an hour, and 3 hours of attorney time at $300 an hour), a
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$23 filing fee, and $47 for messenger fees for this motion.
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The foregoing is true and correct of my own knowledge under penalty of perjury. This
declaration is executed in Seaside on March 17, 2004.
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_____________________________
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NOTICE OF MOTION AND MOTION FOR PROTECTIVE
ORDER RESTRICTING DISCOVERY - 4
PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF
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I am a citizen of the United States and employed in the County of . I am over the age
of eighteen years and not a party to the within action. My business address is
On ___________, I caused to be served via messenger the foregoing document described as:
NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER RESTRICTING
DISCOVERY
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on the interested parties in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
Respondent
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___X____
BY U.S. MAIL I caused such envelope to be deposited in the mail, with
postage thereon fully prepaid, at. I am readily familiar with this law offices practice of
collection and processing correspondence for mailing. It is deposited with the U.S. Postal
Service on that same day in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if the postal cancellation date or postage
meter date is more than one (1) day after the date of deposit for mailing in the affidavit.
___ ___ BY PERSONAL SERVICE A Messenger personally delivered such envelope
to the offices of the addressee. I will maintain a declaration of service on file.
______BY FEDERAL EXPRESS MAIL I personally delivered such envelope on to a
Federal Express drop box or office in , California, marked for delivery on
2007 with Tracking Number
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_____________________________,
___________, _______________________________________________
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___ __BY FACSIMILE I transmitted a true copy of said document by facsimile
machine, pursuant to Rule 2005. The facsimile machine I used complied with Rule
2003(3) and no error was reported by the machine. Pursuant to Rule 2005(k), I caused the
machine to print a transmission record of the transmission, a copy of which is attached to
this
declaration. Said fax transmission(s) was/were completed on the above date.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct and that this declaration was executed on __1/27/14 at
___________________________
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NOTICE OF MOTION AND MOTION FOR PROTECTIVE
ORDER RESTRICTING DISCOVERY - 5
