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If the defendant(s) do/does not file and serve opposition to this order to show cause, the application will be decided on the papers on the return date and relief may be granted by default, provided that the plaintiff files a proof of service and a proposed form of order at least three days prior to the return date.
To obtain an Order to Show Cause for injunctive relief, the requesting party must show the court that the situation at hand could cause serious and irreparable harm to the moving party if the court does not act. This has also been described as ?immediate and irreversible harm? to the movant.
The Certification in Opposition to Motion tells the court the reasons why you object of the ruling requested by your adversary and why the court should deny the request. Fill in the required information. You must indicate whether you want to waive oral argument and let the judge decide the motion on the papers or not.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030 which can be found at , present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of Page 3 3 | Page SDCPLL ...
Code § -14.14. Section -14.14 - Sanctions; failure to comply with orders or requirements of this chapter (a) For unreasonable failure to comply with any order of a judge or with any requirements of this chapter, the judge may: 1. Dismiss or grant the motion or application; 2. Suppress a defense or claim; 3.
The plaintiff must file and serve any written reply to the defendant's order to show cause opposition by . The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of Judge .