In addition to what my colleagues said about CCP 47 and 473.5, I will say that in practice, these motions are usually granted. I will also say...

When you make a declaration, you are making testimonial statements, that are no different than if you took the witness stand in front in front of a...

A motion to dismiss (Rule 12 motion) is based solely on what you plead in your Complaint, whether true or not (so long as it passes the basic sniff...

A motion to compel is what you need to do. If another party, or nonparty, does not respond properly to discovery, then you need to move to compel....

The Rutter Guides are always a good start.

Third hand smoke? Someone smokes, breathes it out; anther person breathes it in; then they breath out and that bothers you? That I have never...

As party opponent can I relate otherwise hearsay evidence in my declaration?

As my colleague suggests, hearsay is an out of court statement used to prove the truth of the matter asserted. Here, if you are claiming...

Can i file a discovery motion in an appeal to introduce medical evidence?

You can't bring the discovery motion or discovery in the appeal. What you can do is argue that the dismissal of the case, and the exclusion of the...

So the basic jury functionstartes with jury instructions (here are the rules) and then goes the verdict forms (check off the box or fill in the...

You can cite to the Exhibits in your RFJN--or their RFJN. )Remember by Rules of Court an RFJN has to be separately filed.) You don't attach...