When can the defense typically file for Summary Judgment?

The defense can file a motion for summary judgment at any time after the case commences. However, one does not want to file a premature motion. ...

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How do you file a motion to compel?Is it a hearing for that?

How to deal with an interrogatory response that is, in your view, incomplete, is codified in California Code of Civil Procedure section 2031.300...

Where party witness is unavailable to appear at scheduled deposition, is witness obligated to produce documents requested?

A witness is obligated to produce documents at the time of the deposition, so if it does not go forward, the obligation does not kick in. If it's...

Lots of people chiming in on this one! Yes, your dad has a breach of contract cause of action with whomever he entered into a contract with. It...

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Is it necessary to have trial date before initiating informal discovery requests?

California Code of Civil Procedure, beginning with 2017 (twenty-seventeen), codifies the rules of civil discovery. You can serve written discovery...

You may have a basis to sue him civilly for trespass, nuisance and negligence. However, the question would be: what are your damages? It...

Do I have to serve the defendant the notice for continued order to show cause hearing after default application entered?

If the Court Order indicates you have to give notice to the defendant, then you have to give notice. Generally with a default proceeding, the...

Civil case in Orange County. Form Interrogatories received. Proof of Service on 12/3/14; What is last date I can mail response?

If the discovery was served on you via regular U.S. mail, an extra five days is added to the thirty days you have to respond. If it was sent via...

I have to attend a CMC at the downtown LA courthouse. I have to file my answer to it. I live over 200 miles away.

The CMC Statement must be filed with the Court fifteen days prior to the hearing. Also, if you want to preserve your right to a jury trial, you...

In SF, CA, if trial is February 2015, are there any mandatory dates such as an MSC prior to the trial?

The Court might have scheduled a Mandatory Settlement Conference at the time they set the Trial. There is also likely a pre-trial hearing that was...