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Grounds for Demurrer No jx No standing Pleading Uncertain Another action pending between the same parties, the same COA Defect or misjoinder of parties
Statutes for ground for Demurrer CCP 430.10
statutes for Mx to strike CCP 436
Typical Grounds for a Mx challenge service Venue Jurisdiction Attacking the pleading
statutes for change of venue where venue of proper but there is a better one CCP 397
grounds for Ms to strike Improper Irrelevant false
ccp for proper venue 395
Proper venue D lives Where tort occured contract entered/performed/breached principal place of buz of corp
statute mandating change of venue ccp 396
grounds to transfer for change of venue Do balancing of equities court not proper no qualified judge can't have impartial trial when justive furthered and more convenient for Ws Sectain divorce proceeding
balancing factors for change of venue residence W's p master of the complaint interest of the jdx to protect people in the jdx
All Mx contain Notice P(date, time, location Motion (I bring the demurrer on the following grounds Memo of P&A Intro Stmt of facts legal analysis conclusion declaration papers in support (exhibits, declarations, etc)
CMC deadlines judge must give notice not later then 45 days before CMC Must meet and confer not later then 30 days Must file CMC stmt not later then 15 days
objections oppressive burdensome irrelevant proprietary public info unintelligeble compound asked and answered vague and ambiguous privilaged work product
pending litigation. Affects if you are dealing with real prop Lis Pendens
comes when a Kid want to sue or gets sued, someone over 18 representing the kid. Guardian ad Litem
RTAO Right to attach order. when afraid the the D is going to run away with the money or hide it/waist. Have to convince the judge that something might happen with the money and are likely to win. Have to post bod, so if end up losing will also lose the bond.
TRO Alternative to RTAO but when have to act really fact.
Default P has 10 days to ask the judge to issue entry of default. after has 45 days to inform that there is going to be a judgment of default.
ANTI Slap motion if you are sued for something you said in a public forum. Can bring the mx and the P will have to come and show likelihood of success. If can't do it, P wins on a mx and have to pay not only costs but also atny fees.
Notice of Mx contence 1. PLEASE TAKE NOTICE (who, what, where, when) 2. Why -- this demurer or Mx is brought on grounds that… 3. Based on. Then attach memo of points and authorities. Facts Argument Conclusion (1 sentence)-- therefore this court should
declaration (allows to override the hearsay rule) 1. Name, bar #, law firm, whom im representing 2. I make this declaration in my own personal knowledge and can testify under oath 3. In following paragraphs copy and paste sentences from the statement of facts
Rogs Examples DESCRIBE all WITNESSES. . DESCRTIB (for the rogs "DESCRIBE" means: name, address, email address, etc )
Objections overbroad, vague and ambiguous, protected by the atny client privilege, protected by the anty work product doctrine, proprietary, not likely/not calculated to lead to discoverable information, asked and answered
Doc Demand Example Please produce all DOCUMENTS that YOUR broccoli had WORMS
Subpoena need it when want to take a depo of someone who's not a party, I.e. 3 rd party. Just depo notice won't do.
Mx to be relieved as council # CRC 376
Created by: dtatyana