Motion For Relief Due To Discrimination Page 1 of 3

Cal. Form L-2248

California Superior Local Rules

Form # L-2248 Rev 02/05/2026 Motion For Relief Due To Discrimination Pen. Code § 745(

a) ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO. EMAIL ADDRESS: ATTORNEY FOR (name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central – 700 Civic Center Drive West, Santa Ana, CA 92701-4045 Harbor – 4601 Jamboree Road, Newport Beach, CA 92660-2595 North – 1275 North Berkeley Avenue, Fullerton, CA 92832-1258 West – 8141 th Street, Westminster, CA 92683-4593 PEOPLE OF THE STATE OF CALIFORNIA V. DEFENDANT: DATE OF BIRTH: CASE NUMBER: Motion for Relief Due to Discrimination Pen. Code § 745(

a) FOR COURT USE ONLY DATE: TIME: DEPT: 1. This motion is alleging the following violation(

s) of subdivision (

a) of Penal Code

section and seeks relief from the court based on said violation(s).  Penal Code § 745(a)

(1) The judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin.  Penal Code § 745(a)

(2) During the defendant’s trial, in court and during the proceedings, the judge, an attorney in the case, a law enforcement officer involved in the case, an expert witness, or juror, used racially discriminatory language about the defendant’s race, ethnicity, or national origin, or otherwise exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, national origin, whether or not purposeful. This paragraph does not apply if the person speaking is relating language used by another that is relevant to the case or if the person speaking is giving a racially neutral and unbiased physical description of the suspect.  Penal Code § 745(a)

(3) The defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins who have engaged in similar conduct and are similarly situated, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendant’s race, ethnicity, or national origin in the county where the convictions were sought or obtained.  Penal Code § 745(a)(4)(

A) A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for that offense on people that share the defendant’s race, ethnicity, or national origin than on defendants of other races, ethnicities, or national origins in the county where the sentence was imposed.  Penal Code § 745(a)(4)(

B) A longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense, and longer or more severe sentences were more frequently imposed for the same offense on defendants in cases with victims of one race, ethnicity, or national origin than in cases with victims of other races, ethnicities, or national origins, in the county where the sentence was imposed. Note to Petitioner: An attorney filing this petition on behalf of a petitioner, based on a claim under Penal Code

section 745(a)(1) or (2) that involves conduct by a law enforcement officer, must serve a copy of this petition on the law enforcement agency that employs the officer. Form # L-2248 Rev 02/05/2026 Motion For Relief Due To Discrimination Pen. Code § 745(a) 2.  MOTION UNDER PENAL CODE

SECTION 745(

a) Supporting facts: Describe the facts you allege constituted a violation of subdivision (

a) of Penal Code

section 745. (If necessary, attach additional pages. You may use Attachment to Judicial Counsel Form (form MC-025) for any additional pages. If available, attach declarations, relevant records, transcripts, or other documents supporting the claim.)  Requested Discovery: Describe specifically the type of records and/or information you seek that is relevant to a potential violation of subdivision (

a) of Penal Code

section that is in the possession or control of the state or the court. 3.  MOTION TO VACATE CONVICTION AND/OR SENTENCE UNDER PENAL CODE

SECTION 1473.7(

a) The Moving Party is not currently in criminal custody (criminal custody includes in jail or prison, or on bail, probation, mandatory supervision, post release community supervision (PRCS) or parole) Supporting Facts: Describe the facts showing that a conviction or sentence was sought, obtained, or imposed based on race, ethnicity, or national origin in violation of subdivision (

a) of Penal Code

section 745. (If necessary, attach additional pages. You may use Attachment to Judicial Counsel Form (form MC-025) for any additional pages. If available, attach declarations, relevant records, transcripts, or other documents supporting the claim.)  Requested Discovery: Describe specifically the type of records and/or information you seek is relevant to a potential violation of subdivision (

a) of Penal Code

section and that is in the possession or control of the state or the court. Form # L-2248 Rev 02/05/2026 Motion For Relief Due To Discrimination Pen. Code § 745(a) 4.  The Moving Party requests that the court hold the hearing on this motion without the Moving Party’s personal presence for the following reason(s): 5. The Moving Party requests relief upon granting of the motion based on supporting facts stated on the form. Date: (TYPE OR PRINT NAME) (SIGNATURE OF MOVING PARTY OR ATTORNEY)

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-2248
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	0ca1b6b0cc347d2eaf3af9567f3e45cf295863dd

Source file is stored in the law ingest library (pdf).