How can a motion for SJ get put forward when material facts remain at odds?

Are you in federal court or state court? In California, the superior courts are general jurisdiction courts. Subject matter jurisdiction is...

DO I bring a motion to enforce ?

Without a signed settlement agreement which contains a reference to Code of Civil Procedure section 664.6, you will not be able to bring a...

Can a application for immediate injunctive relief be filed if the defendant files a demurrer instead of answer?

Yes, a plaintiff can file either an ex parte application for temporary restraining order (TRO) and preliminary injunction, or a noticed motion for...

Yes, it is possible, although it might not be considered if you waited to file it with the Reply. Your post does not indicate the type of motion...

Can they demand late fees and utility surcharges along with late rent on 3- day notice?

No. Generally speaking, for a residential tenancy, a three day notice to pay rent or quit can only list unpaid rent due, not late fees, utilities,...

On appeal, what's the standard of review when appealing/filing a writ for an order denying a motion to vacate?

A motion to vacate a default and set aside a judgment is addressed to the sound discretion of the trial court, and in the absence of a clear...

Is there a way to amend plaintiff's motion to compel to argue the need for a court order to compel further responses?

There is a big difference between a motion to compel responses (where there were no responses at all), and a motion to compel further responses...

For the purpose of discovery limits can the Plaintiff serve additional discovery against Defendant as a Cross-Complainant?

Yes. Pursuant to California Code of Civil Procedure section 2033.040, any party who attaches a supporting declaration of necessity as described in...

Motion to Quash Filed BUT not served

No, filing a Motion to Quash Service of Summons, albeit not a general appearance, prevents entry of default. In other words, the clerk will reject...

Question about Breach of Contract SOL

In California, the statute of limitations for breach of oral contract is 2 years from breach or date of last payment, whichever is later. For...