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Litigation.Paralegal.Legal.Document.Assistance.Law.Motion
By Chair Caning & Wicker Repair January 10, 2014
Thank you for connecting with Chair Caning & Wicker Repair www.chaircaning.webs.com 704-235-8171, it is a pleasure having you in our network. We wish your business to have continued growth and success.Giving your company 5 stars and other "compliments" to your Circle site for your kindness. ...read more
Litigation.Paralegal.Legal.Document.Assistance.Law.Motion
By youHuge.com -Trade Show Displays July 05, 2012
Great staff and service. 5 stars all the way! ...read more
Litigation.Paralegal.Legal.Document.Assistance.Law.Motion
By Accounting for Profits January 18, 2012
Thanks for the connection on Merchant Circle. Here's wishing you continued success in your business venture. Giving 5 stars and other "compliments" to your great MC site for your kindness. If you should need an accountant, part time CFO, part time controller, or just have accounting and bookkeeping questions, please give us a call. Thanks, Jesse www.AccountingForProfits.Net ...read more
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Deadline for Motion for Judgment on the Pleadings is the Trial Date
Remember that Motion for Judgment on the Pleadings I told you about earlier in the year? Well it turns out the client has not even filed it yet. And why? Because the attorney that ordered up the MJP failed to note that there is a deadline on this motion as you approach trial and trial setting conferences. A motion for judgment on the pleadings may be made by any party to the action or by the court sua sponte. [CCP section 438(b)(2); see Camancho v. AutomobileClub of So. Calif. (2006) 142 CA4th 1394, 48 CR3d 770, 771 (sua sponte Motion)] Time for Motion: A defendant's motion for judgment on the pleadings may be made after the time to demur has expired and an answer has been filed. A plaintiff's motion for judgment on the pleadings may be made after expiration of the time to demur to defendant's answer. [CCP section 438(f)] DEADLINE: Unless the court orders otherwise, the statutory motion for judgment on the pleadings cannot be "made" after entry of a pretrial conference orde3r (see CRC 3.720-3.730) or 30 days before the initial trial date ("the date the action is initally set for trial"), whichever is later. [CCP section 438(e)] Practice Pointer: The statutory reference to a "pretrial conference order" should be interpreted to mean the "case management order" (CRC 3.27) Therefore, in most cases, 30 days before the initial date will be the operative deadline. Compare-nonstatutory motion: The nonstatutory motion could be made at any time during the lawsuit, even during trial, since the grounds for general demurrer are never waived. [See Sofias v. Bank of America (1985) 172 CA3d 583, 586, 218 CR 388, 389--motion made shortly before trial. Compare--other challenges: Although "irregular," failure to state a cause of action may also be raised by a motion in limine or motion for nonsuit during trial. Trial courts have inherent power to control litigation and conserve judicial resources through whatever procedural vehicle reaches that result. [Lucas v. County of Los Angeles (1996) 47 CA4th 277, 284-285, 54 CR 2d 555, 661. ...read more
By Litigation.Paralegal.Legal.Document.Assistance.Law.Motion November 06, 2012
I Need to Find a Contract Litigation Attorney to Hire
I have a foreign attorney client who has a foreign court judgment against a debtor who now lives in the Los Angeles area. The foreign attorney will not be going pro hac vice, the client will be signing the complaint in pro per. We will pay up front for a Los Angeles attorney to attend hearings and depositions, with me as the paralegal preparing the paperwork. We will be using the Judicial Council Forms MC-950 and MC-955. I often have a need for limited scope contract attorneys, and I always make the clients pay upfront. I do a lot of enforcement of judgment for pro per clients and it would be much easier with an attorneys name and bar number on the card. The attorney does not need to have a lot of experience. Ideally I would like to find a young attorney to work with and develop a relationship that can span the clients as well as the years. I usually quote flat fees to most of my clients, and I try to deliver cost effective results. Some of the cases are in U.S. District Court, and I have a federal case in Beaumont, TX that will be needing a Texas attorney soon. Most lawyers don't want to do limited scope representation and I get that. However more and more clients are wanting limited scope representation. They like taking the control from the attorney. The first thing most people want to tell me is that they have been burned by attorneys in the past. Clients want the control of knowing that they can change attorneys in mid-stream if they want because they don't have just one attorney. So if you are a California attorney interested in picking up some work please check out my websites. You may also be interested in checking out the power of my page rankings on the search engines. Google around as if you were looking for a paralegal in Los Angeles to do various pleadings and petitions. ...read more
By Litigation.Paralegal.Legal.Document.Assistance.Law.Motion November 05, 2012
Can I Motion to Dismiss for Failure to Comply with Discovery Orders?
ATTORNEY: I need to find a freelance litigation research paralegal to research the statutory grounds for an involuntary dismissal of a California court case. Plaintiff has failed to obey a court order to respond to our Request for Production of Documents and Records. FREELANCE LITIGATION PARALEGAL: The preliminary considerations involve the statutes governing dismissal for delay in prosecution. Involuntary dismissal of a civil court action for delay in prosecution is governed by CCP sections 583.110-583.430. Actions or proceedings subject to statutes: CCP sections 583.110-583.430 apply to all civil actions. The court may also apply these statutes in special proceedings (e.g. eminent domain, administrative mandamus) unless doing so would be inconsistent with the character of such proceedings or statutes governing those proceedings. [CCP section 583.120(b); see Binyon v. State of Calif. (1993) 17 CA4th 952, 955, 21 CR2d 673, 675.] Not marriage dissolution proceedings: Dismissal for delay in prosecution may not be granted in marriage dissolution or legal separation proceedings while a support order is outstanding, or where a separate trial on the issue of marital status is pending. [CCP section 583.161] Grounds for involuntary dismissal for delay in prosecution: CCP sections 583.110-583.430 provide both mandatory and discretionary grounds for dismissal for delay in prosecution: Mandatory Grounds: Unless a statutory exception applies, the court must dismiss the action for delay in prosecution: Failure to serve defendant within 3 years or return proof of service within 60 days after the 3-year period. [CCP section 583.210] Failure to bring to trial within 5 years. [CCP section 583.310] Failure to bring retrial within 3 years after a mistrial, order granting new trial or reversal on appeal. [CCP section 583.320] Discretionary Grounds: A court may, in the exercise of its discretion, dismiss on any of the following grounds:Failure to serve defendant within 2 years. [CCP section 583.420]Failure to bring to trial within 2 years. [CCP section 583.420(a)(2)]Failure to bring retrial within 3 years after a mistrial, order granting new trial or reversal on appeal. [CCP section 583.420(a)(3)]Other statutory grounds for dismissal:Failure to amend complaint after demurrer sustained. [CCP section 581(f)(1),(2)]Failure to pay transfer costs after change of venue ordered. [CCP section 399(a)]Failure to obey discovery orders. [CCP section 2023.030]Failure to comply with local rules; e.g., "fast track" case management rules. [CCP section 575.2]Nonresident plaintiff's failure to post costs bond where required by statute. [CCP section 1030(d)]Vexatious litigant's failure to post security when ordered. [CCP section 391.3]LITIGATION PARALEGAL: I will prepare a motion for dismissal for failure to obey discovery orders. [CCP section 2023.030].LITIGATION ATTORNEY: Thank you. ...read more
By Litigation.Paralegal.Legal.Document.Assistance.Law.Motion October 31, 2012