--- name: ca-draft-motion description: > Use this skill when the user asks to draft a motion for a California superior court. Triggers include "draft a California motion", "write a motion to compel", "I need to file a demurrer", "motion for summary judgment California", "anti-SLAPP motion", "motion to strike California", "motion to quash service", "16 court days notice", "memorandum of points and authorities", "CCP 1005 notice period", "motion to compel arbitration CCP 1281.2", "new California motion". Scaffolds a complete motion packet that complies with CRC 3.1113, CCP § 1005, and the pro-se drafting framework adapted for California superior court practice. Composes with `ca-statewide-format` (always), `ca-lasc` / `ca-sfsc` / `ca-county-courts` (court-specific), `ca-pro-se` (if pro se), and `ca-discovery` / `ca-post-judgment` depending on the motion type. version: 0.1.0 --- # Draft a California Motion Packet Scaffold a complete California motion packet that complies with CRC 3.1113, CCP § 1005, and the pro-se drafting framework adapted for California superior court practice. ## What this skill produces A California motion packet with the following components, each on its own page or properly separated: 1. **Notice of Motion** (CCP § 1010) — standalone document; states the date, time, department, grounds, and supporting papers 2. **Memorandum of Points and Authorities** (CRC 3.1113) — supporting brief; max 15 pages without leave (CRC 3.1113(d)); table of contents and table of authorities required if over 10 pages (CRC 3.1113(f)) 3. **Declaration(s)** — separately titled documents; sworn facts under CCP § 2015.5 4. **Request for Judicial Notice** (Cal. Evid. Code §§ 452–453) — if requesting the court to notice legislative history, court records, official acts, etc. 5. **Proposed Order** (CRC 3.1312) — title "[PROPOSED] ORDER GRANTING [Motion Title]" 6. **Proof of Service** — signed by server; affirmatively states method and date ## Inputs to ask the user - **Court / venue**: Los Angeles Superior? San Francisco Superior? Other? - **Case number**: e.g., `25STCV12345` - **Caption**: Plaintiff / Defendant party names - **Motion type**: demurrer, motion to strike, compel, SJ, anti-SLAPP, MTC arbitration, motion in limine, etc. - **Procedural authority**: which CCP / CRC / local rule is being invoked - **Relief requested**: specifically what should the court order? - **Hearing date**: already reserved with the clerk? - **Department and judge**: e.g., Dept. 32, Hon. [Name] - **Pro se or counsel**: affects signature block and formatting of attorney info block - **Meet-and-confer compliance**: completed? (required for demurrer, motion to strike, motion to compel) ## Motion packet components in detail ### 1. Notice of Motion (CCP § 1010) The Notice of Motion is a **separate document** — not combined with the Memorandum. It functions as the cover page of the packet and establishes the hearing date on the face of the filing. Required content under CCP § 1010: - Caption per CRC 2.111 (see below) - Title: "NOTICE OF MOTION AND MOTION FOR [RELIEF]" - Date, time, and place of hearing (department number, courthouse address) - Nature of the relief sought - Grounds (legal basis, with citations) - Statement of supporting papers: "This motion is based on this notice; the accompanying Memorandum of Points and Authorities; the Declaration of [Name] filed herewith; the [pleadings and papers on file in this action]; and such oral and documentary evidence as may be presented at the hearing." ``` NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION UNDER CCP § 2031.310 TO PLAINTIFF [NAME] AND ITS COUNSEL OF RECORD: PLEASE TAKE NOTICE that on [DATE], at [TIME], in Department [##] of the above-entitled court, located at [COURTHOUSE ADDRESS], Defendant [Name] will, and hereby does, move for an order compelling Plaintiff to serve further responses to Defendant's Requests for Production, Set One, Nos. [X–Y], without objection, and to produce all responsive documents within [10] days of the order. This Motion is made pursuant to CCP § 2031.310 on the grounds that Plaintiff's objections are without merit and that Plaintiff has failed to comply with its obligations under CCP §§ 2031.230 and 2031.240. This Motion is based on this Notice; the accompanying Memorandum of Points and Authorities; the Declaration of [Declarant Name] filed herewith; and the pleadings and papers on file in this action. DATED: _______________ ___________________________ [NAME] [Attorney for] Defendant ``` ### 2. Memorandum of Points and Authorities (CRC 3.1113) The Memorandum is the substantive brief. Key requirements: - **Page limit**: 15 pages without leave of court (CRC 3.1113(d)); 20 pages with leave - **Table of contents + table of authorities**: required if memorandum exceeds 10 pages (CRC 3.1113(f)) - **Font and margins**: CRC 2.104 (12 pt), CRC 2.108 (1 inch margins); double-spaced body (CRC 2.108(b)) - **Separate from Notice**: Memorandum begins on its own page Structure (pro-se drafting framework for California): ``` MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION II. STATEMENT OF FACTS III. ARGUMENT A. [Point heading — first issue] B. [Point heading — second issue] C. [Fee award] (if applicable) IV. CONCLUSION ``` ### 3. Declarations See `ca-draft-declaration` for full scaffold. Key integration: - Declarations are filed as separately titled documents - Each declaration supports specific factual paragraphs cited in the Memorandum - Exhibits attach to the declaration, not the motion ### 4. Request for Judicial Notice (if needed) Under Cal. Evid. Code § 452, the court **may** judicially notice legislative history, official acts, court records, and certain public documents. Under § 453, a party requesting judicial notice must give advance notice of the request. Format: ``` REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF [MOTION TITLE] Pursuant to California Evidence Code §§ 452–453, Defendant respectfully requests that the Court take judicial notice of the following: 1. A true and correct copy of [Document], attached hereto as Exhibit A. This document is [the basis for notice — e.g., "a record of the Los Angeles Superior Court" per Evid. Code § 452(d)]. 2. [Additional items ...] ``` ### 5. Proposed Order See `ca-draft-order` for full scaffold. Key integration: - Title: "[PROPOSED] ORDER GRANTING [MOTION TITLE]" - Filed with the motion packet at the time of filing - Per CRC 3.1312, prevailing party circulates for approval/objection post-ruling ### 6. Proof of Service Filed with every document served on opposing parties. Must affirmatively state: - Name and address of the server - Date, method, and address of service - If mail: must state the server is over 18, not a party, and mailing from a CA county on the stated date (CCP § 1013a) - If electronic: must state the transmission was complete (CCP § 1010.6) - Signed under penalty of perjury ## Service and notice timing ### CCP § 1005(b) — minimum notice | Service method | Notice period before hearing | |---|---| | Personal service | 16 court days | | First-class mail (CA) | 16 court days + 5 calendar days | | First-class mail (out-of-state) | 16 court days + 10 calendar days | | Electronic service (CCP § 1010.6) | 16 court days + 2 court days | | Overnight delivery | 16 court days + 2 calendar days | Opposition is due **9 court days** before the hearing. Reply is due **5 court days** before the hearing (§ 1005(b)). ### Calculation tip Count **court days** (excluding weekends and California holidays per Cal. Gov. Code § 6700 et seq.), not calendar days. Use `ca-deadlines` to compute the exact calendar date. ### Hearing reservation Most California superior courts — including LASC — require you to reserve a hearing date **before** serving the Notice of Motion. Check the court's local rules and the department's standing orders. LASC requires reservation through the Court Reservation System (CRS). SFSC Civil Division has its own scheduling portal. ## Caption format (CRC 2.111) The caption appears at the top of every document: ``` [Name] [CASE NUMBER FORMAT: [Address] 25STCV12345 (LASC) [City, State, ZIP] CGC-25-123456 (SFSC)] [Phone] [Email] [CA Bar No. XXXXXX — attorneys only] [HEARING DATE] [DATE]: [Party: Plaintiff / Defendant, in pro per] [TIME]: [DEPT]: [JUDGE]: SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF [COUNTY] [PLAINTIFF NAME], ) ) Case No. [Case Number] Plaintiff, ) ) [PROPOSED] ORDER v. ) [or document title] ) [DEFENDANT NAME], ) Hearing: ) Date: [Date] Defendant. ) Time: [Time] ) Dept.: [Dept. No.] ) Judge: Hon. [Name] ``` - Attorney info (or pro se info) goes in the **upper-left block** within the first 2.5 inches from the top - Case information goes in the **upper-right block** - Line numbers (1–28) appear on the left margin per CRC 2.108 ## The pro-se drafting framework — California adaptation California judges are busy. Apply the pro-se drafting framework: **Lead with the strongest legal point**. The Introduction should not recite procedural history — it should state the result the court should reach and the primary reason in two sentences maximum. ### I. Introduction (one to two paragraphs) ``` I. INTRODUCTION Plaintiff has stonewalled discovery for three months. The documents at issue — Plaintiff's chain-of-title records — go to whether Plaintiff owns the account it sued on. The Court should compel production and shift fees under CCP § 2023.030. ``` Avoid: "This case arises from..." or "On [date], Plaintiff filed..." Save procedural background for the facts section. ### II. Statement of Facts Each fact is one short sentence, cited to the supporting declaration paragraph and exhibit: ``` II. STATEMENT OF FACTS On April 1, 2025, Defendant served Requests for Production, Set One, Nos. 1–8. (Decl. Smith ¶ 3, Ex. 1.) On May 1, 2025, Plaintiff served Responses, interposing boilerplate objections and producing no documents. (Decl. Smith ¶ 4, Ex. 2.) On May 10, 2025, Defendant sent a meet-and-confer letter identifying the deficiencies. (Decl. Smith ¶ 5, Ex. 3.) The parties conferred by telephone on May 15, 2025. (Id. ¶ 6.) Plaintiff did not supplement its responses. (Id. ¶ 7.) ``` ### III. Argument Sub-headings in bold, all caps: ``` III. ARGUMENT A. THE DOCUMENTS ARE RELEVANT AND DISCOVERABLE UNDER CCP § 2017.010. [2–3 paragraphs with rule → facts → conclusion] B. PLAINTIFF'S OBJECTIONS ARE MERITLESS. [2–3 paragraphs] C. THE COURT SHOULD AWARD MONETARY SANCTIONS UNDER CCP § 2023.030(a). [1–2 paragraphs] ``` ### IV. Conclusion One sentence. Restate the specific relief: ``` IV. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion, compel Plaintiff to serve verified further responses and produce all responsive documents within 10 days, and award monetary sanctions of $[amount]. ``` ## Motion-type quick reference ### General Demurrer (CCP § 430.10(e)/(f)) - **Grounds**: failure to state facts sufficient to constitute a cause of action (§ 430.10(e)); uncertainty (§ 430.10(f)) - **Meet-and-confer**: CCP § 430.41 — counsel must meet and confer at least 5 days before filing (or file promptly after); declaration of compliance required - **Timing**: 30 days after service of complaint if served in CA (CCP § 430.40); check local rules - **Companion document**: a demurrer may stand alone or accompany a motion to strike; no supporting declaration usually required unless facts are at issue ### Motion to Strike (CCP §§ 435–437) - **Targets**: irrelevant, false, or improper matter in any pleading; punitive damage claims lacking proper allegations - **Meet-and-confer**: CCP § 435.5 — same framework as demurrer meet-and-confer - **Common use**: striking punitive damages allegations in concert with a demurrer ### Motion to Quash Service of Summons (CCP § 418.10) - **Grounds**: no personal jurisdiction; improper service - **Timing**: must be filed before or in lieu of answering - **Effect**: does not waive jurisdictional defenses if properly raised ### Anti-SLAPP Motion (CCP § 425.16) - **Two-step test**: (1) defendant shows the claim arises from protected activity (petition or free speech); (2) plaintiff shows probability of prevailing - **Timing**: 60 days of service of complaint (§ 425.16(f)); may be later with court permission - **Discovery stay**: automatic on filing (§ 425.16(g)) - **Fee award**: mandatory to prevailing defendant (§ 425.16(c)(1)) - **Special statement**: no mandatory separate statement; anti-SLAPP briefing is self-contained ### Motion for Summary Judgment / Adjudication (CCP § 437c) - **Notice**: 75 days before hearing (§ 437c(a)) — this is the most important California distinction from federal practice - **Mandatory separate statement**: § 437c(b)(1) — a separate document listing each material fact and the evidence supporting it; the court need not consider evidence not cited in the separate statement - **Opposition**: 14 days before hearing (§ 437c(b)(2)) - **Reply**: 5 days before hearing (§ 437c(b)(4)) - **Standard**: no triable issue of material fact + moving party entitled to judgment as a matter of law - **Adjudication**: limits to specific causes of action or affirmative defenses (§ 437c(f)) ### Motion to Compel (CCP §§ 2030.300, 2031.310, 2033.290) - **Interrogatories**: CCP § 2030.300 (compel further responses); deadline: 45 days after service of responses (§ 2030.300(c)) - **Requests for production**: CCP § 2031.310 (compel further); same 45-day deadline - **Requests for admissions**: CCP § 2033.290 (compel further) - **Separate statement**: required by CRC 3.1345 — each request, the response, and the moving party's argument must appear side-by-side - **Fee motion**: CCP § 2023.030(a) — monetary sanctions for misuse of discovery ### Motion to Compel Arbitration (CCP § 1281.2) - **Standard**: show written agreement to arbitrate + dispute falls within scope - **Defense to watch**: CCP § 1281.2(c) — court may decline to compel if there is a risk of conflicting rulings with a pending related court action - **Stay**: court stays the action while arbitration proceeds ### Motion in Limine - **Timing**: typically filed 10–30 days before trial per local rules; check department-specific rules - **No mandatory separate statement** for motions in limine - **Limited memorandum length**: many courts impose a tighter page limit than CRC 3.1113(d) for motions in limine ## Meet-and-confer requirements | Motion type | Rule | Deadline | |---|---|---| | Demurrer | CCP § 430.41 | At least 5 days before filing | | Motion to strike | CCP § 435.5 | At least 5 days before filing | | Motion to compel (discovery) | CCP §§ 2030.300(b), 2031.310(b) | Before filing; declaration required | | Summary judgment | CCP § 437c | No statutory M&C requirement; some courts require it | The meet-and-confer declaration must be filed with the motion (§ 430.41(a)(3) for demurrers; §§ 2030.300(b)(2), 2031.310(b)(2) for discovery motions). Describe: when, how, what was discussed, what remains unresolved. ## Worked example — Motion to Compel Further Responses to Discovery ### Packet components 1. **Notice of Motion and Motion to Compel Further Responses to Requests for Production, Set One, Under CCP § 2031.310** 2. **Memorandum of Points and Authorities** (with separate statement incorporated by reference or attached) 3. **Separate Statement of Disputed Items** (CRC 3.1345) 4. **Declaration of Defendant Jane Doe** — facts re service, responses, meet-and-confer 5. **[PROPOSED] Order Granting Motion to Compel** 6. **Proof of Service** ### Separate Statement format (CRC 3.1345) ``` SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE REQUEST FOR PRODUCTION NO. 3: All DOCUMENTS evidencing any assignment of the alleged account from [Original Creditor] to Plaintiff. RESPONSE TO REQUEST FOR PRODUCTION NO. 3: [Plaintiff's verbatim response, including all objections] REASON WHY FURTHER RESPONSE SHOULD BE COMPELLED: The documents showing chain of title are directly relevant to Plaintiff's standing to sue under CCP § 2017.010. ... ``` ### Skeleton memorandum for a motion to compel ``` MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE, UNDER CCP § 2031.310 I. INTRODUCTION Plaintiff cannot prove it owns the account it sued on because it refuses to produce its chain-of-title documents. The Court should compel production and award sanctions. II. STATEMENT OF FACTS [Numbered factual paragraphs with declaration cites] III. ARGUMENT A. THE DOCUMENTS ARE DISCOVERABLE. Under CCP § 2017.010, any matter relevant to any party's claim or defense and proportional to the needs of the case is discoverable. ... B. PLAINTIFF'S OBJECTIONS ARE BOILERPLATE AND IMPROPER. Boilerplate objections are an abuse of the discovery process. (See Weil & Brown, Cal. Prac. Guide: Civil Procedure Before Trial (Rutter) ¶ 8:1484.) The objection "not in my possession" does not excuse a party from searching for documents in its custody or control. (CCP § 2031.230.) ... C. MONETARY SANCTIONS ARE WARRANTED. CCP § 2023.030(a) authorizes the court to impose monetary sanctions for misuse of discovery. ... IV. CONCLUSION [Specific relief requested] ``` ## Layered composition This skill ALWAYS composes with: - **`ca-statewide-format`** — caption, fonts, margins, line numbers, footer, exhibit conventions - **The relevant court skill** — `ca-lasc`, `ca-sfsc`, or `ca-county-courts` — for local rules, department-specific procedures, and hearing reservation It typically composes with: - **`ca-pro-se`** — pro-se drafting framework details, pro se signature block, service protocol - **`ca-draft-declaration`** — to draft the supporting declaration - **`ca-draft-order`** — to draft the proposed order - **`ca-draft-note`** — to draft the Notice of Motion For motion-type-specific guidance: - **`ca-discovery`** — for motions to compel; separate statement practice - **`ca-post-judgment`** — for motions re: judgment enforcement - **`ca-first-30-days`** — for demurrers, motions to strike, motions to quash in the initial response phase ## Output The skill produces a Markdown scaffold of the motion packet. The user fills in: - Specific facts (with declaration citations) - Specific argument - Specific relief - All citations verified against current codes ## Quality checks After scaffolding, run: - **`ca-quality-check`** — CRC 2.100–2.119 format pass - **`ca-fact-check`** — citation and consistency pass Before filing. ## Cross-references - `ca-statewide-format` — caption + CRC 2.100–2.119 format - `ca-pro-se` — pro-se drafting framework and pro se conventions - `ca-lasc` / `ca-sfsc` / `ca-county-courts` — local rules and department procedures - `ca-discovery` — discovery motion practice including separate statement **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.