Since the claims examiner (deponent) lives in Southern California and the deposition was set to take place in Oakland, California (Northern California), this deposition request clearly exceeds the geographical limitations of Code of Civil Procedure Section 2025.25...
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California Code of Civil Procedure Section 1094.5 explains the procedure and reasons to file a writ. Specifically, CCP 1094.5(b) explains that theThe inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of jurisdiction; whether there was...
Under the terms of Code of Civil Procedure section 428, each of those parties can also file cross-complaints about any claims they may have against the defendant. For example, if you are the defendant and you cross-complain against them for rear-ending your car, they can cross-complain agai...
petition, verified by the Association's attorney, fails to state why an officer of the Association did not verify it, as required by Code of Civil Procedure section 446. The claim lacks merit. As explained in Frio v. Superior Court (1988)203 Cal. App. 3d 1480, 1498 [250 Cal.Rptr. ...
” the exclusive jurisdiction for all Disputes (defined below) that you and California Closets are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and California Closets each waive any objection to jurisdiction and venue in ...
dismissal as to the state rendered. The cause was then transferred by the court to Los Angeles County on the ground of convenience of witnesses under subdivision 3 of section 397 of the Code of Civil Procedure. Appellant asserts that the trial had actually commenced in Sacramento County and ...
We granted review to resolve a conflict in the Courts of Appeal concerning interpretation of Code of Civil Procedure section 396, which governs the transfer of cases from the superior court to the municipal court when an action fails to meet the superior court's jurisdictional requirement of an ...
the conditions of the exercise of any discretion are predicated upon either an error of law, or a right on the part of the Court to recommend to the jury the sentence to be imposed, being vested by statute and I don't find that anywhere in the Penal Code under present procedure affectin...
Section 195, Civil Code, gives the husband the right in a criminal action brought under section 270 to dispute this presumption of legitimacy. The first sentence of section 270e is virtually the same as the first sentence of section 6 of the Uniform Desertion and Nonsupport Act which was adop...