The OSC re dismissal means that the court has set a hearing to ask why the case should not be dismissed. It generally means the case has been...

Judge granted underline motion in an ex parte application of shorting time, unethical?

A judge should not grant relief beyond what was requested in the ex parte application. To do so is a violation of due process and the right to...

Can a person offer a software product that has been patented by another for free?

The fact that the offer for the product is for free is irrelevant to the question of infringement or whether litigation can arise. The same is...

I need to appeal an arbitrator's order of dismissal of binding arbitration!

The six grounds for setting aside an arbitration award are set forth in Code of Civil Procedure Section 1286.2(a), and are a little too long to...

I am the defendant in a civil case, credit card debt. I have not replyed to the summons. Court date is May 15th, 2013.

The longest extension of time that the plaintiff can give you is 15 days. A longer extension will require court permission. ADR or other...

I need to know my rights as an employee not getting my pay and overtime

An employee who has not paid overtime has two fundamental options when his employer refuses to make payment: he can take the claim to the CA labor...

On a successful motion to compel can costs of a telephonic appearance be recovered?

The court has the power to award the prevailing party its reasonable expenses to the prevailing party. Given your location, I believe you have a...

In a limited civil suit for collection: What happens in a civil law and motion hearing?

At the hearing, the court hears oral argument on motion, which is usually limited to a few minutes at most. Each judge has its style, but you...

Should I reply to an un-served summons?

I understand your desire to get this resolved. §Bear in mind, however, that you may not be able to force this case to mediation as quickly as you...

The idea of "then living children" means the children alive at the time of the death of the person making the will. It would not include children...