What is an Order to Show Cause (OSC)?
Sep 02, 2013
When a Court is considering taking an action that may be adverse to a litigant, the Court sometimes warns that litigant about that and allows that them a chance to show cause I often see pro se litigan...
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What is a "Nunc Pro Tunc" Order?
Apr 21, 2013
Nunc Pro Tunc is a Latin phrase which literally means "now for then." This terminology is used when a court issues an order (or a judgment) today that is effective as of an earlier date. This guide p...
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Top Five Mistakes Plaintiffs Can Make
Jan 24, 2012
Those who have been damaged may sometimes be able to sue and recover those damages. Here is a list of the Top 5 mistakes plaintiffs can make. ...
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The Basics of Estate Planning Under California Law
Apr 25, 2010
Wills A will is a legal document in which the testator declares her wishes concerning the disposition of her estate, disposition of her remains (e.g. burial), and who will be the executor of her esta...
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Strategic Lawsuits Against Public Participation (SLAPP)
Apr 22, 2010
What is a SLAPP? SLAPP is an acronym for "strategic lawsuit against public participation.” See, Jarrow Formulas, Inc. v. LaMarche, 31 Cal. 4th 728, 732, fn. 1 (2003). Basically, a SLAPP is a lawsuit...
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What is a Default Judgment?
Nov 01, 2009
What is a "Default" and what is a "Default Judgment"? When a plaintiff files a complaint, the plaintiff asks the clerk to issue a summons. The summons orders defendants to file a response to the com...
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What is a "Fraudulent Transfer" in California?
Jun 11, 2009
Background The basic idea behind fraudulent transfer law is to avoid debtors from "giving away" their assets before the creditors can get to them. This may including a debtor gifting her house to he...
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WRITS OF POSSESSION UNDER CALIFORNIA LAW
Jun 07, 2009
Pre-Judgment Writ of Possession California law allows certain plaintiffs to apply to the court for a "writ of possession" (sometimes referred to as "writ of claim and delivery" or "writ of replevin")...
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WHAT IS A CIVIL WRIT?
Jun 07, 2009
Definition Generally, a "writ" is a written judicial order authorizing a specific act. Historically, the parties to the litigation had to apply for and obtain many writs during litigation. Modern l...
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SOME RELIEF FOR THE BORROWERS
May 31, 2009
Banks are Cash Strapped The government has been conducting "stress tests" on banks, and telling some they need more liquidity. This apparently prompted some banks to send letters to borrowers with of...
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