1987). In particular, Rule 56(d) provides that a court may deny a summary judgment motion and permit the opposing party to conduct discovery where it appears that the opposing party, in the absence of such discovery, is unable to present facts essential to opposing the motion.
The Rule 26 provision regarding timing of the discovery conference requires that “the parties must confer as soon as practicable – and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).” (Fed. Rules Civ. Proc., rule 26(f)(1).)
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.
(a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the ...
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
If a temporary (ex parte) order is issued by the court, it will last until your court date. This is typically 21 days but may be up to 25 days. At the final hearing, the judge will determine whether to cancel or extend the order of protection. If it's extended, it may last up to five years.
This law states that if a recording artist ends their record deal after 7 years and still owes the label a specific number of undelivered albums, the label has the right to sue within 45 days to recover damages to any undelivered albums.
An action shall be brought to trial within five years after the action is commenced against the defendant.
In California, a divorce is officially started when you file a petition for divorce in court. The 6-month waiting period (plus one day) is the earliest date the couple can be considered legally divorced. This is also the earliest either spouse can remarry.
A 995 motion is an appeal of the preliminary hearing judge's decision to set the case for trial and often called a "motion to set aside the information.” Typically, a judge will grant the motion if they find there were insufficient legal grounds to hold the defendant over for trial.
(b) Dismissal of case
If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
The two-dismissal rule set forth in section 1387, subdivision (a) reads as follows: “An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony … and the action has been previously terminated pursuant to this ...
20, § 9.4 - (Rule 9.4) Motion for Disqualification of Administrative Law Judge for Cause. (a) A party may move in any proceeding to disqualify the assigned Administrative Law Judge for having: (1) a financial interest in the subject matter in a proceeding or in a party to the proceeding.
A judicial branch entity must not sell, exchange, furnish, or otherwise provide a judicial administrative record subject to disclosure under this rule to a private entity in a manner that prevents a judicial branch entity from providing the record directly under this rule.
It is a criminal offense to destroy material for purpose of impairing its availability in a pending proceeding or one whose commencement can be foreseen. (See, e.g., Pen. Code, § 135; 18 U.S.C. §§ 1501-1520.)
Federal Rule of Civil Procedure 11 is the federal rule that prohibits frivolous and unwarranted contentions in litigation and allows courts to sanction attorneys for violations. California's version appears in California Code of Civil Procedure §128.7, and California courts look at Rule 11 cases when they interpret § ...
In addition to the language required by Business and Professions Code section 6067, the oath to be taken by every person on admission to practice law is to conclude with the following: "As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity."
Rule 5.9 states: "The parties must completely fill in all blanks on financial declarations (including the Income and Expense Declaration), as required by California Rules of Court, rule 5.92.
Each state sets its own guidelines for what it defines as residency. It is true that you are considered a resident of California if you are in the state longer than 183 days (they are cumulative days, by the way, not consecutive), but the applicable “days rule” is more lenient in other states.
Those who have lived in the state at any point in time in the past and who earn an annual income greater than $30 million are affected by the wealth tax and would have to pay an annual tax on their wealth for as long as 10 years after they have left the state.
Starting January 1, 2023, the minimum wage is $15.50/hour for all employers in California. Some cities and counties have higher minimum wages than the state's rate. There is a list of City and County minimum wages in California maintained by UC Berkeley.
These orders are designed to protect minor children during the legal process. In custody situations, the child's health, safety, and well-being take precedence over other concerns. A status quo order may prevent one parent from taking the child from a home or area without the other's consent.
They remain in effect until a judge modifies them or issues final orders.
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.