The clerk of the trial court made a mistake and said to the Court of Appeal that the designation was only on Clerk's transcript?
Pardeep's answer
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Answered on October 09, 2020
Augmentation of record can be done at any time, so long as the record was before the trial court. You will need to file a Motion to Augment (or,...
Administrative Procedure Act action?
Pardeep's answer
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Answered on October 09, 2020
I believe you meant 28 USC 1331, not 331. FOIA provides adequate remedy, generally, whereas here, relief you seek is available under FOIA, you may...
Archived
SLAPP Motion?
Pardeep's answer
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Answered on October 07, 2020
Once the anti-SLAPP motion is filed all discovery proceedings are stayed unless upon good cause the court orders otherwise. [Civ. Proc. Code §...
Denial of Rule 54(b) certification? federal court
Pardeep's answer
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Answered on October 06, 2020
Just because you can doesn't mean you should, the test laid out for a meritorious writ is pretty steep and you will probably fail. In short, writ...
Can a master tenant claim punitive damages in an Unlawful Detainer with Claims of Malice, Oppression in the Pleading?
Pardeep's answer
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Answered on October 04, 2020
Yes you may file a demurrer to the complaint (CCP Section 1170) as a pre-answer responsive pleading.
It is time sensitive, defendant normally has...
Can my two friends prosecute this sexual abuser using California's "One Strike Law"? This happened in the mid-late 90s?
Pardeep's answer
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Answered on September 27, 2020
One Strike Law (Pen C §667.61) is not applicable to your set of facts. there has been no conviction for it to apply. It is an alternative...
How much time to initiate appeal of Los Angeles Superior Court ruling in civil action?
Pardeep's answer
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Answered on September 25, 2020
Insufficient facts but see Cal. Rules of Court, Rule 8.104. It sets out the time to appeal. You may still have questions after you read the rule....
Can you give notice of an Ex-Parte via email in California (unlimited jurisdiction case)?
Pardeep's answer
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Answered on September 23, 2020
Ex-parte notice must be given before 10:00 a.m. the 'court' day before the ex-parte appearance If notice was provided later than 10:00 a.m. the...
Motion to compel; - 45 day rule (pro Se)?
Pardeep's answer
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Answered on September 09, 2020
see California Code Civ. Proc. § 2030.300(c).
Opposing counsel filed a demurrer, it is my understanding leave to amend is usually given at the end of the hearing, do I have
Pardeep's answer
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Answered on September 08, 2020
Did the opposing counsel meet and confer with you before filing the demurrer to your complaint, if not, then the demurrer is improper. If the...
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