You are out of luck. Pursuant to California Code of Civil Procedure section 1005, subdivision (b), all moving and supporting papers must be served...

Do juries in bedbug cases use a "preponderance of evidence" standard?

Yes, in both a civil jury trial as well as in small claims court, the plaintiff must prove his or her case by a preponderance of the evidence. The...

If I am filing a motion to strike an entire pleading and also portions of it, do I file 2 motions to strike or just one?

You would file just one motion to strike, and in the notice of motion indicate that you are seeking to strike the complaint in its entirety, and...

After a judgment is granted, all other dates are vacated (taken off calendar). A Case Management Conference is usually held to set a trial date. ...

If you have the appeal case number, you can look up the case status online at http://appellatecases.courtinfo.ca.gov/search.cfm?dist=5. The court...

Will the unlawful detainer be automatically thrown out if I filed the paperwork to include that my landlord accepted rent after?

No, you will not automatically win the unlawful detainer lawsuit after you file your verified Answer to Complaint. The judge does not review your...

In California (state superior court), when a defendant files a cross-complaint, that party is called the "Defendant and Cross-Complainant". The...

When does the statute of limitations clock start on a bill (read closely)?

Neither. In California, the statute of limitations for breach of an oral contract is 2 years from breach or date of last payment, whichever is...

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What is a "civil statute case" when the Bureau f Real Estate dtell me this s what they investigate?

The California Bureau of Real Estate (CalBRE) investigates complaints against real estate brokers and salespersons for violations of the Real...

Looking for an alternative defense to state of limitations?

There is an equitable defense called "laches" (a long delay in asserting the right or claim which has prejudiced the adverse party). However,...

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