Complaint Injunctive Form With 2 Points In Contra Costa
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FAQ
Motion to Strike This is called "meet and confer." Code of Civil Procedure section 430.41 and 435.5. If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint.
complaint shall be served on each of the partiesin an action in the following manner: (1) Ifa party has not appeared in the action, a summons upon the crosscomplaint shall be issued and served upon him in the same manner as upon commencement of an original action.
The Summons and Complaint were not served properly If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.
(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.
Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike. You can, however, amend the complaint after those deadlines if the defendant stipulates.
The “5-year rule” in California refers to summary dissolution, which is a simplified process for ending a marriage or domestic partnership without a formal court hearing. Its hope is to be a fast and less expensive option for couples who meet the specific criteria.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
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.
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.
