XXX
XXX
XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXX
XXX,
Plaintiff,
v.
XXXXL HOSPITAL
XXXX; and XXXX, in his official and individual
capacity,
Defendants.
Case No.: XXXX
MOTION FOR SANCTIONS
XXX
Department: C25
NOTICE TO DEFENDANT HERBERT CONRAD AND TO HIS ATTORNEY OF
RECORD AND SPECIAL NOTICE TO THIS HONORABLE COURT:
NOTICE IS HEREBY GIVEN that on [ENTER DATE] or as soon thereafter as the
matter may be heard, in Department C25 this court, Plaintiff, XXXX (hereinafter
“Plaintiff”) will, and hereby does, move for an Order providing sanctions against Defendant,
XXXX (hereinafter “Defendant”), for hiding his identity to evade justice.
This Motion is made pursuant to Code Civ. Proc., § 128.5 (a) and § 2023.040 on the
grounds that Defendant has hidden his identity in a bid to evade Defending the case.
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Accordingly, Defendant has demonstrated a persistent and willful failure to avail himself
to the prosecution of the case thus impairing Plaintiff’s rights and threatens Plaintiff’s access to
justice.
This Motion is based on this Notice, the attached Memorandum of Points and
Authorities, the pleadings herein, and on such further oral and/or documentary evidence as may
be presented or judicially noticed at the hearing of this Motion.
Respectfully submitted,
______________________________
XXX
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
STATEMENT OF FACTS
A cause of action exists against the Defendant, and he is a necessary or proper party to
the action.
The Defendant has intentionally hidden his identity to avoid Defending the case.
Accordingly, despite a diligent attempt to locate the Defendant for service, Plaintiff been unable
to do so. Plaintiff has made several efforts to learn the Defendant’s whereabouts:
On Wednesday, February XXX Plaintiff’s process server emailed Plaintiff and notified
her that nobody knew who Herbert Conrad was and that there was no Herbert working at Hoag
Memorial Hospital Presbyterian.
On February XXX the process server informed the Plaintiff that the process server
would go back to Hoag Memorial Hospital Presbyterian in Irvine to look for Herbert Conrad.
On February XXX, the process server again went back to the Hoag Memorial Hospital
Presbyterian. A security guard called Alexander informed the process server was Herbert Conrad
did not work at the hospital any more, and that he had not been working there for the last six
months.
The process server further sought to confirm whether Herbert Conrad worked at the Hoag
Memorial Hospital Presbyterian. On February 1XXX, Dave L. Sergeant informed the process
server that he could not disclose any information about who worked there as security.
The closest identity that matched Herbert Conrad was:
XXX
WESTMINSTER, XXX Westminster, XXX
However, the individual is not traceable.
Further, online Private investigators found the following information:
XXX – 24 Years Old
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XXX
Plaintiff called the phone numbers revealed in the search and found the following results:
a. On February XXX Plaintiff called (626) 367-4310. The individual
sounded too young to be Defendant Herbert Conrad.
b. On February XXX Plaintiff called (626) 587-7519 (PT) (M). I got no
answer.
c. On February XXX, Plaintiff called (626) 960-2867 (PT) – XXX. The number automatically disconnects
Plaintiff has also searched and paid for a Person Search of the online directory such as
BeenVerified, However, the internet results shows names and ages that do not correlate.
Plaintiff has also researched professional licenses for bureau of security and investigative
services, to no avail.
LEGAL ARGUMENT
DEFENDANT SHOULD BE SANCTIONED FOR HIDING HIS IDENTITY TO AVOID
DEFENDING THE CASE
A motion for sanctions requests that a trial court “order a party, the party’s attorney, or
both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a
result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause
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unnecessary delay.” Code Civ. Proc., § 128.5 (a). "Frivolous" is defined as "totally and
completely without merit or for the sole purpose of harassing an opposing party." (Code Civ.
Proc., § 128.5(b)(2).) The "bad faith requirement of section 128.5 does not impose a
determination of evil motive. The concept of ‘harassment’ includes vexatious tactics which,
although literally authorized by statute or rule, go beyond that which is by any standard
appropriate under the circumstances." In re Marriage of Sahafzadeh-Taeb & Taeb (2019) 39
Cal.App.5th 124, 145-46 (Taeb).
In the instant action, the Defendant has engaged in frivolous conduct, in bad faith, by
hiding his identity so as to avoid having to defend Plaintiff’s case against him. As Plaintiff has
stated in the Declaration attached below, he has made several attempts to locate the Defendant,
to no avail. Plaintiff therefore requests this Court find Defendant’s conduct sanctionable.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Court enter an Order of
escalating sanctions against Defendant that:
1. Defendant pays [ENTER AMOUNT] as Plaintiff’s litigation expenses in connection with
this instant Memorandum and the Ex Parte Application filed on or about June XXX
2. Defendant pays [ENTER AMOUNT] for hiding his identity to avoid Defending his case.
3. Defendant responds to Plaintiff’s documents strictly within [ENTER NUMBER OF
DAYS], failure to which the Court shall enter an order rendering a judgment by default
against Defendant.
Plaintiff also prays for such other and further relief that this court deems just and proper.
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DATED:
Respectfully submitted,
______________________________
XXXX
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SUPPLEMENTAL DECLARATION OF EUN JUNG LIM
I, XXXX, am the plaintiff in this action, and I declare the following support of
my application to permit service on the defendant by publication:
1. A cause of action exists against the party upon whom service is to be made, and he or
she is a necessary or proper party to the action.
2. Despite a diligent attempt to locate the respondent for service, I have been unable to do
so.
3. I have made the following efforts to learn the defendant or respondent’s whereabouts:
i. On Wednesday, February XXXX, Plaintiff’s process server emailed Plaintiff and
notified her that nobody knew who Herbert Conrad was and that there was no
Herbert working at Hoag Memorial Hospital Presbyterian.
ii. On February XXX, the process server informed the Plaintiff that the process
server would go back to Hoag Memorial Hospital Presbyterian in Irvine to look
for Herbert Conrad.
iii. On February XXXX the process server again went back to the Hoag Memorial
Hospital Presbyterian. A security guard called Alexander informed the process
server was Herbert Conrad did not work at the hospital any more, and that he had
not been working there for the last six months.
iv. The process server further sought to confirm whether Herbert Conrad worked at
the Hoag Memorial Hospital Presbyterian. On February XXXX, Dave L.
Sergeant informed the process server that he could not disclose any information
about who worked there as security.
v. The closest identity that matched Herbert Conrad was:
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XXX
WESTMINSTER, XXX
Westminster, California
However, the individual is not traceable.
vi. Further, online Private investigators found the following information:
XXX
viii. I have also searched and paid for a Person Search of the online directory
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such as BeenVerified, However, the internet results shows names and ages that
do not correlate.
ix. I have also researched professional licenses for bureau of security and
investigative services, to no avail.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated:XXXX
Respectfully submitted,
______________________________
XXX
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PLAINTIFF’S MOTION FOR SANCTIONS
XXXX
XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXX
EUN JUNG LIM,
Plaintiff,
v.
XXXMEMORIAL HOSPITAL
PRESBYTERIAN; and XXX, in his official and individual
capacity,
Defendants.
Case No.: XXX
PROPOSED ORDER
XXXX
Department: C25
The motion of Plaintiff, XXXX ("the Plaintiff"), for an order providing
sanctions against the Defendant, XXXX (hereinafter “Defendant”), for
Defendant’s hiding his identity to avoid Defending this case, having come on regularly for
hearing before the undersigned on [ENTER DATE], upon notice duly and regularly given, the
Plaintiff appearing, and oral and documentary evidence having been received and the matter
having been submitted, and good cause appearing therefore,
The Court hereby finds that the order providing sanctions against the Defendant is
justified by the following conduct or circumstance showing that Defendant hid his identity to
avoid Defending this case against him.
It is hereby ordered that:
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PLAINTIFF’S MOTION FOR SANCTIONS
1. Defendant pays [ENTER AMOUNT] as Plaintiff’s litigation expenses in connection with
this Plaintiff’s Memorandum in support of Plaintiff’s Motion for Sanctions and the
Plaintiff’s Ex Parte Application filed on or about June XXX Defendant shall pay this
amount to this Court within seven (7) days from the date of this order.
2. Defendant pays [ENTER AMOUNT] for hiding his identity to avoid Defending this case
against him. Defendant shall pay this amount to this Court within seven (7) days from the
date of this order.
3. Defendant responds to Plaintiff’s documents strictly within [ENTER NUMBER OF
DAYS], failure to which the Court shall enter an order rendering a judgment by default
against Defendant.
It is so ordered.
Date:
________________________________
Hon. XXXX
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