In other words, a party cannot interfere with their own contract. If they breach, they breach, but it is not interference if they do. If they...

I am representing myself in a copyright infringement case. What is the role of a pro tem judge in a settlement conference?

Agreeing with counsel, a pro tem is a settlement officer who acts like a mediator to try to settle. The pro tem has no power to make orders, other...

The separate statement merely cites to the evidence presented. No new evidence not found in the moving or opposing papers is permitted to be...

The state law is similar to the Federal law on the issues address by FRCP 8(d)(2), but your example does not appear to address those issues. If...

Agreeing with counsel, the rules do not require that court-stamped copies be used to serve, though any summons must be issued by court and court...

First, your statute of limitations runs from the filing of the complaint, not service. Consider...

The defendant in a case filed a vexatious litigator order request to delay and harass the plaintiff. How easy is it to get it?

Agreeing with counsel, the key to the motion are the facts. Look at the elements and see if the vexatious litigant requirements are met. The most...

When a law in the Fast Track Rules and the CRC is in conflict with the CA Code of Civil Procedure in terms of time to serve...

If there were a conflict, the statute would control, but there is no conflict in the rules. The two year discretionary dismissal gives the court...

Agreeing with attorney Green, you are technically too late to file additional papers, but there seems to be something missing from the story. The...

Look to written easements, deeds and CCR's first, and then consider historic uses. Evaluate any OHV laws that may have been broken. Consider...