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":
RFA has been deemed admitted. How can I ask the court read it to the jury? Do I have to file motion in limine?
A motion in limine is used to exclude evidence, not to admit evidence. Generally speaking, how you set forth evidence to prove your case (or defense) will depend upn a number of factors, which in turn depends upon your overall trial strategy. Similar to stipulated facts, you can have the court tell the jury that the certain fact in the RFA has been established.See question
Hi. I took an independent contractor driving job and didn't fully get paid. I live in L.A. The company owner picked me up her and sent me off from LAX to the east cost to do the driving job. The address of the 1 check I did get is in Colton, CA. T...
Generally speaking, you can file in the county where you signed the contract, where the contract was broken, or where the contract was to be performed (carried out). You can also file where the defendant lived or worked when you signed the contract. Here, it seems you can file in Los Angeles County, and let the defendant(s) challenge your selection of venue. For help on finding the right court to sue in small claims court, see:
I had the defendant served by a process server by substitute service on his adult son for the complaint and summons. Can all notices etc. in the future be mailed to him?
Yes, if the substituted service was proper, most subsequent notices and pleadings can be served by mail. There are exceptions, however. For example, in a personal injury or wrongful death case, a Statement of Damages would still have to be personally served on the defendant before taking the defendant's default if the defendant has not yet appeared in the case.See question
I received an eviction but due to my surgery I couldn't respond on time . is it to late to respond after my deadline
As long as the plaintiff/landlord has not submitted a Request for Entry of Default, you may file an Answer to Complaint for Unlawful Detainer.See question
I have been at the salon over 13 years. The lease was with a corporation that has been inactive for over 10 years, my ex wife let the corp expire and was never kept up. I took over the salon about 9 years ago and I started a new corporation and...
No, the landlord/owner cannot lock you out after the expiration of the 3 days if you do not pay or quit. If the landlord locks you out, this would constitute illegal self help. Instead, the landlord must initiate an unlawful detainer lawsuit after the expiration of the 3 day notice to pay or quit, and win a judgment in the unlawful detainer case. With the judgment, the landlord can obtain a writ of possession, and then instruct the LA County Sheriff's Office to serve you with a 5 day notice to vacate. The entire eviction process will take at least 30 days.See question