This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Judgment Filed With Dol In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000299
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A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
Under Code of Civil Procedure § 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Code Civ.
Traditional and no-evidence are the two types of summary judgment motions. Requesting no-evidence summary judgment means telling the judge that no evidence can support any of your opponent's arguments. Therefore you request the dismissal of the claim before it goes to trial.
Once the summary judgement is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
The Court grants summary judgment when there is no material issue of fact and it is required to enter judgment as a matter of law. A genuine issue of material fact exists when facts related to the specific legal claim are in dispute or when undisputed facts support different outcomes on an issue.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
"A complaint for declaratory relief is legally sufficient if it sets forth facts showing the existence of an actual controversy relating to the legal rights and duties of the respective parties under a written instrument and requests that these rights and duties be adjudged by the court." (Maguire v.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.
A summary judgment means the court believes there's no dispute worth resolving. However, this isn't always true. To avoid a summary judgment, it's essential to file a counter-motion with a supporting memorandum. If that step isn't taken, the judge may grant the motion.
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Dianna Hall and BFGCI request summary adjudication as to declaratory relief and conversion, while George Hall, now deceased, requests summary. This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate which would require the Social Welfare Board of the State of CaliforniaThe following is a list of some documents that may be recorded if they meet all requirements, and a description or definition of each document. Fill in the case number and plaintiff's name in the caption of the Waiver of Service of. If an out-of-state motor vehicle dealer verifies the. VIN, the verification must be submitted on their letterhead stationery. Filed on April 10, 2003).