1. How long do I have to serve an Amended Complaint (in this case 2nd amended complaint: 2AC) on Defendants, [ FYI: all defendants have appareled or filed answers or motions or demurrers to first amended complaint previously. Some defendants are ...
You should have served all defendants on the same date that you filed the Second Amended Complaint. If you did not, you should do so immediately. If all defendants have appeared in the action by filing an answer or demurrer, then you can have the Second Amended Complaint served by regular mail to their attorney of record. You can concurrently serve your Statement of Damages if this is a personal injury case. There is no need to serve the summons again on defendants who have already appeared.See question
I am wanting to get a copy of my file from my attorney, and his assistant told me they have a "copy fee" and I'd have to pay a per-page copy fee to get a copy of my file. Can they do this?
You are the client, and it is YOUR file. You are entitled to the original file, the entire file. If the attorney wants to make a copy, the attorney can do so at the attorney's own expense (unless your retainer agreement says that you agree to pay for the photocopying costs). The California Rules of Professional Conduct require an attorney to return to a client all papers and property to which the client is entitled at the end of the representation. The complete original file belongs to the client and the attorney may copy the file at his or her own expense.See question
I filed a superior court lawsuit. The company does not have an agent for service in California; it had one but the company was Surrendered on the SOS site. I read CCP 415.40 and it seems to say I can just send a copy of the summons and complai...
With respect to CCP 415.40, a plaintiff can serve an out-of-state defendant by certified mail, return receipt requested. The caveat, however, is that the defendant must sign the return receipt and you must get back the return receipt from the post office because you will need to attach the original signed return receipt to the proof of service of summons that you need to file with the court.
With respect to CCP 415.30, if the defendant signs and returns the Notice and Acknowledgment of Receipt, (which you can mail by regular U.S. mail) it would constitute valid service of process.See question
I am being sued by a debt collector. I replied to their court claim. I was a victim of identity fraud at age 19, since then, I have had to fight traffic citations, fake cell phone accounts set up under my name and now this credit card debit I am b...
This was most likely an Order to Show Cause Re Default/Default Judgment, wherein the plaintiff needed to demonstrate dligence in prosecuting the collections case. If you filed a responsive pleading, then the Order to Show Cause hearing became moot, and as such, the OSC hearing was vacated (taken off calendar).
The court has apparently set a date for the trial, which will be a bench trial, not a jury trial.See question
noticed if the court does not decide not to notice them? I was told that after so mny days if the ourt does not rule on the request it is noticed. Is this correct?
No, not correct. Your request for the court to take judicial notice must be made in connection with some pending motion upon which the court must rule. Otherwise, the court has no obligation to review or rule upon the request for judicial notice.See question
I filed a UD complaint and the defendant has filed a Motion to Quash Service. However i have filed a Declaration in Support of the Opposition from the process server. Am i able to file my default right after the hearing or can it be filed prior to...
A motion to quash service does not constitute a general appearance. However, the filing of a motion to quash service prevents the plaintiff from seeking entry of default. Therefore, you will not be able to file a request for entry of default prior to the hearing. Moreover, even if the motion to quash is denied, the court will generally allow the defendant five days to file an answer, so you will most likely not be able to seek entry of default right after the hearing.See question
I have the motion to dismiss court form served by mail from plaintiffs. They've signed and dated, how exactly do I complete this form? Who does it go to? What if they have the "court did not waive court fees" box checked, am I now somehow liable f...
If you settled the case, the plaintiff's attorney is suppose to file the Request for Dismissal form with the court. (It is not a motion to dismiss). There is nothing you as the defendant need to do. Most likely, you just received the copy of the Request for Dismissal which the plaintiff filed with the court. The liability for payment of court fees belongs to a plaintiff who obtained a fee waiver.See question
I can see on lacourt.org a Future Hearing date, but was not served the actual court papers or given a notice of the Case Management Conference? The only notice I received was from civilcourtnotice.com stating my case number.
A Case Management Conference (CMC) is used primarily to set the trial date, and to possibly refer the parties to mediation. However, unless you have been served with the Summons and Complaint, and have filed a responsive pleading (such as an Answer or Demurrer), you generally have no obligation to appear for the CMC. Look under the online Civil Case Summary to see if a Proof of Service of Summons was filed. If so, the plaintiff might contend that you have been properly served and seek entry of default, and as such, it would be imperative for you to respond to the Summons and Complaint, and appear at the CMC. Under Rule 3.724 of the California Rules of Court, the parties have an obligation to "meet and confer" either in person or via telephone no later than 30 calendar days before the date set for the initial Case Management Conference regarding each of the issues identified in Rule 3.727 of the California Rules of Court. Each party is required to file a Case Management Statement (Judicial Council Form CM-110) with the court at least 15 days prior to the Case Management Conference. But again, if you have not been served with the Summons and Complaint, you have no obligation to appear for the CMC.See question
When is an opposition to a demurrer due (California-unlimited civil) My court date is Sept 29th, and I believe the opposition is due September 16th which is 9 court days and not 9 God's days?
Court days are days which the court is open for business, and as such, does not include weekends or holidays. If your hearing is on September 29, your opposition to the demurrer is due today, September 16.
In California, the deadlines with respect to notice of motions, oppositions and replies to oppositions to most motions in civil litigation matters are governed by California Code of Civil Procedure section 1005. Subdivisions (b) and (c) provide as follows:
(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or the place of address is outside the United
States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days, and all reply papers at least five
court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.
(c) Notwithstanding any other provision of this section, all
papers opposing a motion and all reply papers shall be served by
personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and
reasonably calculated to ensure delivery to the other party or
parties not later than the close of the next business day after the
time the opposing papers or reply papers, as applicable, are filed.
This subdivision applies to the service of opposition and reply
papers regarding motions for summary judgment or summary
adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time."
I need to petition the court but can't afford an attorney so it looks like I have to do the whole thing myself. I've downloaded a guide on writ petitions form the court's website, and also downloaded a couple others from online. I'm somewhat con...
Verification means signed under penalty of perjury. Code of Civil Procedure section 2015.5 provides as follows:
"Whenever, under any law of this state or under any rule,
regulation, order or requirement made pursuant to the law of this
state, any matter is required or permitted to be supported,
evidenced, established, or proved by the sworn statement,
declaration, verification, certificate, oath, or affidavit, in
writing of the person making the same (other than a deposition, or an
oath of office, or an oath required to be taken before a specified
official other than a notary public), such matter may with like force
and effect be supported, evidenced, established or proved by the
unsworn statement, declaration, verification, or certificate, in
writing of such person which recites that it is certified or declared
by him or her to be true under penalty of perjury, is subscribed by
him or her, and (1), if executed within this state, states the date
and place of execution, or (2), if executed at any place, within or
without this state, states the date of execution and that it is so
certified or declared under the laws of the State of California. The
certification or declaration may be in substantially the following
(a) If executed within this state:
"I certify (or declare) under penalty of perjury that the
foregoing is true and correct":
(Date and Place) (Signature)
(b) If executed at any place, within or without this state:
"I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct":