Would an opposition to a proposed order be done in the same way as a normal motion...
Memorandum of Point and Authorities +++?
And would it be filed concurrently with an opposition to memo of costs?
No. An "objection" to the form of a proposed order is not done as a noticed motion with a memorandum of points and authorities and supporting declaration. Rather, it is just a pleading which articulates the specific objections to the form of the proposed order. It is not used to re-argue the ultimate finding(s) of the court.
Since you are referring to a Memorandum of Costs, it sounds like you are actually objecting to a proposed judgment (or proposed statement of decision), not a proposed order following a law & motion matter. If so, see California Rules of Court, Rule 3.1590(g) and (j).
If you disagree with a Memorandum of Costs, you need to file a noticed Motion to Strike or Tax Costs, not an "opposition". See California Rules of Court, Rule 3.1700(b).
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
exactly correct.............probably you might want to include a counter order if this submission is the result the judge asking the parties to submit proposed orders on a ruling.
Mr. Chen, as usual is correct (and generous with his practical advice and comments).
Mr. Isquith, as usual, is wrong as a matter of law. Totally ignore Mr. Isquith if you ever post again.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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