Does a motion to vacate order sustaining demurrer exist?

No, it does not exist under the California Code of Civil Procedure. If the demurrer was sustained with leave to amend, the plaintiff can file an...

Clerk says defendant won the case, but I received a paper from plaintiff saying with out prejudice ?

You need to be more specific. What did you win (a motion or the trial)? What do you mean by "paper"? Was it just a notice of ruling? Generally...

Do I need a Declaration in my response to an opposition?

You may need a declaration depending upon what your reply intends to argue. The general rule, however, is that a new declaration is not allowed in...

Is there a statutory time line to file something to keep a lawsuit open if it shows pending?

You shouldn't relay on the online case status to ascertain whether a case is still pending or has been disposed. Generally speaking, there is...

Can I motion for a defendant who files a frivolous counter-claim to be declared a vexatious litigant ?

Yes you can. However, you should check the current vexatious litigant list to see if she is already on the list. ...

I'm being deposed for a civil suit. Can I ask the plaintiff to pay for costs incurred?

No, not correct. The plaintiff is not obligated to pay for your attorney's fees. The plaintiff is only obligated to pay your statutory witness...

Is the Hearing on an OSC for a Fee Wavier confidential?

The OSC Re Fee Waiver is ordinarily held in the judge's chambers, not in open court. The contents of the fee waiver application are sealed from...

On both your amended complaint and amended summons on amended complaint, to be clear, you should refer to the defendant as "Defendant JACK DOE,...

Can I file a motion to set aside a default judgment in small claims?

If this is a small claims court judgment in California, you can file a Motion to Vacate (Cancel) Judgment, Form SC-135. ...

Is a defendant in a breach of contract or fraud suit entitled to recover attorney fees if there is no clause for attorney fees?

No. In order to be entitled to recover attorney's fees, there must either be a contractual provision allowing for recovery of attorney's fees, or...