This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Verified Complaint Form Sample For California In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
How Do I File a Complaint? You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone. If you have a disability that prevents you from submitting a written complaint, please contact the commission's office to discuss how this office can best accommodate your needs.
You can contact the Santa Clara County Investigations Division District Office at (408) 942-2952 or file a complaint using their website.
The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)-(d).
If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default. You should file this within 10 days after the deadline to respond passed. California Rules of Court 3.110(g).
Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. An action “commences” on the date the original complaint is filed with the court against the defendant. If other defendants are later added, those actions will have a different date of commencement.
In your answer to a verified complaint you must admit or deny each and every paragraph of the complaint or deny on the basis of lack of information or belief. Your attorney will go over the complaint with you and tell them what your response is to each and every paragraph.
Good practice requires a timely acknowledgement of a complaint. The experience of customers in other sectors shows that a response within two working days increases their confidence in a complaint handling process.
(d) Timing of responsive pleadings The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.
Common reasons include needing more time to prepare, scheduling conflicts, waiting for important evidence, or health issues. Courts are more likely to grant a continuance for valid, substantiated reasons. Timing of the Request: Request the continuance as soon as you realize you need it.
You can file a request for a continuance in advance of the upcoming hearing date. If you contact the clerk's office at the courthouse where your case is being processed they should be able to provide you with the packet of forms for filing a request for a continuance.