Section 379 - Joinder as defendants (a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any ...
If a petition for coordination is granted, the coordination motion judge must, in the order granting coordination, recommend to the Chair of the Judicial Council a particular superior court for the site of the coordination proceedings.
According to California Rules of Court, rule 3.400, a complex case is: “An action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and counsel. ...
Rule 3.762.
No evidence may be presented at the conference, but counsel must be fully prepared to discuss class issues and must possess authority to enter into stipulations. Notice of the conference may be given by any party.
The Three-year rule is part of the IRS tax code that deals with assets, transfers, and estates. The rule places certain assets in the total for the decedents' gross estate when those assets are transferred within three years of the person's death.
To meet these requirements, you must be continuously physically present in California for more than one year (366 days) immediately prior to the residence determination date (generally the first day of classes) and intend to make California your home permanently.
You are typically considered a California resident when you live in the state for 6+ months within a 12-month period and intend to remain in the state. There are exceptions, however. This complete guide to California residency requirements covers everything you need to know!
(A) Unless otherwise ordered by the court under (B), the prevailing party in an original proceeding is entitled to costs if the court resolves the proceeding by written opinion after issuing an alternative writ, an order to show cause, or a peremptory writ in the first instance.
A trial judge should allow jurors to submit written questions directed to witnesses. An opportunity must be given to counsel to object to such questions out of the presence of the jury. Rule 2.1033 adopted effective January 1, 2007.
(b) Duties of each party
(3) If it serves an order, notice, or pleading on a party who has not yet appeared in the action, serve a copy of the list required under (a) at the same time as the order, notice, or pleading is served.
If the inability to hold an arbitration hearing is due to the neglect or lack of cooperation of a party who elected or stipulated to arbitration, the court may set the case for trial and may make any other appropriate orders.
Rule 3.650(a) of the California Rules of Court requires the party who requested or caused a stay of the proceedings to notify the court of its existence, unless that party has not appeared or is not subject to the jurisdiction of the court, in which case the plaintiff in the pending action must immediately notify the ...
Rule of Court 3.1348(a) specifically addresses this situation, providing: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was ...
When trials or long-cause hearings are not completed in the number of days originally scheduled, the court must schedule the remaining trial days as soon as possible on the earliest available days with the goal of minimizing intervals between days for trials or long-cause hearings.
Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.
(1) If the superior court has returned a designated administrative record to a party, the party in possession of the administrative record must make that record available to the other parties in the case for copying within 15 days after the notice designating the record on appeal is served and lodge the record with the ...
Rule 8.147 of the California Rules of Court In an appeal in which the parties are using either a clerk's transcript or a reporter's transcript, a party seeking to incorporate by reference all or part of a record in a prior appeal in the same case may do so, but must now provide greater detail in identify- ing and ...
2023 California Rules of Court
(1) On petition of a party or on its own motion, a reviewing court may order rehearing of any decision that is not final in that court on filing. (2) An order for rehearing must be filed before the decision is final.
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 § ...
California's 'Safe Harbor' rule for expats
Known as the Safe Harbor rule, expats who move abroad for at least 546 consecutive days on an employment contract are not considered state residents for tax purposes.
Simply owning a vacation home in California does not mean you are considered a resident or nonresident.
If you spend a total of more than 183 days in California during any calendar year in any order whatsoever, you don't get the presumption. The six-month presumption is really a 183-day presumption. Second, you have to be a domiciliary of another state and have a permanent home there (owned or rented).
You're a resident if either apply: Present in California for other than a temporary or transitory purpose. Domiciled in California, but outside California for a temporary or transitory purpose.
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.
You can be physically away from your residence for years but if you intention is to be a California resident, you will qualify since your intent is only to be away from the state for temporary purposes.