XXX
XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXX
THE PEOPLE OF STATE OF
XXX
Plaintiff,
v.
XXX,
Defendant.
Case No.: XXX
NOTICE OF MOTION AND MOTION FOR
STATEMENT OF PARTICULARS
Judge: XXX
Department: XXX
Time/Date: XXX
NOTICE OF MOTION FOR STATEMENT OF PARTICULARS
TO THE SUPERIOR COURT, TO THE PEOPLE OF THE STATE OF XXXX
AND TO THEIR ATTORNEYS OF RECORD AND TO HON. XXX:
NOTICE IS HEREBY GIVEN that Defendant XXX, at the venue indicated
or at such other venue as the court shall prescribe, will move this Court for an Order for a
Statement of Particulars.
The motion will be based on this Notice of Motion, the Motion itself and the averments
therein, on any records and files already filed in this case, and on such evidence as may be
presented at the hearing of the motion.
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NOTICE OF MOTION AND MOTION FOR STATEMENT OF PARTICULARS
Dated: 07 July XXXX
Respectfully submitted,
______________________________
XXXX
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NOTICE OF MOTION AND MOTION FOR STATEMENT OF PARTICULARS
MOTION FOR A STATEMENT OF PARTICULARS
COMES NOW, Defendant EUN JUNG LIM, pro se, and files this Motion to Dismiss the
Plaintiff’s Complaint, pursuant to Rule 4.112(b) of the Criminal Rules, and CA Penal Code §
995 (2018). In support of this Motion, Defendant states as follows:
BACKGROUND
Plaintiff filed the instant case against Defendant on or about May 3, XXX. In the said
Complaint, the Plaintiff averred inter alia, that Defendant, in violation of Section 12951 (b) of
the Vehicle Code (Failure to Present License to Peace Officer), allegedly failed to present his
license for examination upon demand by a peace officer enforcing the provisions of the Vehicle
Code.
Defendant hereby files this Motion for a Statement of Particulars. .
LEGAL ARGUMENT
The purpose of a bill of particulars is to apprise the defendant of the details of the
plaintiff’s claim in order that the defendant may intelligently present his defenses. See Butler
Bros. v. Connolly, 204 Cal. App. 2d 22, 24 [22 Cal. Rptr. 175]; Gilmore v. Hill, 152 Cal. App. 2d
881, 882-883 [313 P.2d 898]. Accordingly, A demand for particulars represents an attempt by
the Defendant to ascertain how to frame his answering pleading" See 2 Witkin, Cal. Procedure
(1954) Pleading, § 242, p. 1218. Statement of particulars amplify the complaint "in order to
make it easier for the defendant to prepare his pleading." See 2 Witkin, supra, p. 1219; see also 6
Wigmore, Evidence, § 1848, p. 388.
In the instant action, on and around June 29, 2022, Defendant Eun Lim got a certified
copy of the entire case with the original signatures removed from the filing. On and around July
1, 2022, Judge Brett London stated he would accept the filings with the signatures removed.
Accordingly, the Defendant seeks a disclosure of the following information:
i. The date of the alleged offense;
ii. The place of the alleged offense;
iii. The circumstances observed that allegedly constituted the offense;
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NOTICE OF MOTION AND MOTION FOR STATEMENT OF PARTICULARS
iv. The time of the alleged offense;
v. Under what law and/or legal authority is Defendant charged and/or accused
of violating;
vi. The elements of offenses of the aforesaid charge, and how Defendant has
allegedly met each element;
vii. All reasons the aforesaid law and/or legal authority may apply to the
Defendant, including but not limited to:
That the term Motor Vehicle applies to Defendant’s property,
That the term Driver applies to Defendant,
That Defendant is a Person and not a woman,
That the Right to Travel has been suspended in California.
CONCLUSION
WHEREFORE, Defendant Eun Jung Lim respectfully moves this court to order the
prosecuting attorney to provide the above information. Defendant further prays the Court:
i. Issue an Order demanding the Plaintiff produce an explanation of the facts
which give the Plaintiff a reason to believe that the Defendant was
traveling in a manner which bound him to XXX Vehicle Code 12951
(b) CVC. 4.
ii. Issue an Order demanding Plaintiff produce a complete list of damages
being claimed by the Plaintiff.
iii. Issue any other Order this Court deems just.
Dated: 21 st June XXX
Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION FOR STATEMENT OF PARTICULARS
CERTIFICATE OF SERVICE
I hereby certify that on 21 th June XXX, copies of the foregoing document have been
served upon the prosecutor in this case by personal delivery to his or her office at the following
address:
XXX
District Attorney
Suite
XXX
XXX
District Attorney
Suite XXX
XXX
DATED: 21 st June XXX
Respectfully submitted,
_________________________
XXX
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