Application for a temporary restraining order in California

An application for a temporary restraining order in California is the topic of this blog post. This blog post will discuss an application for a temporary restraining order as well as a preliminary injunction in California. The main focus of this blog post will relate to a real property dispute although the same general principles […]

Demand for a bill of particulars in California

Demand for a bill of particulars in California

A demand for a bill of particulars in California is the topic of this blog post. The law in California states that it is not necessary for a plaintiff who sues on an account to include the items of any account in their complaint.  California law also states that if the defendant serves a written […]

Enforcing a deposition subpoena in California

Enforcing a deposition subpoena in California

Enforcing a deposition subpoena in California is the topic of this blog post. A deposition subpoena in California is authorized by code of Civil Procedure section 2020.410 which states in pertinent part that prior to trial, a party may serve a deposition subpoena for the production of business records on a nonparty. If the nonparty […]

Affirmative defenses to an eviction in California for commercial tenants

Affirmative defenses to an eviction in California for commercial tenants

Affirmative defenses to an eviction in California for commercial tenants are the topic of this blog post. If you are a commercial tenant you may be under the mistaken impression that neither you nor your company could possibly have any defenses to an unlawful detainer action that has been filed against you. That is not […]

Opposing a demurer in California

Opposing a demurer in California

Opposing a demurer in California is the topic of this blog post. This blog post will briefly discuss some common grounds for opposing a demurrer in California.  The same issues discussed in this blog post will also apply to opposing a demurrer to a cross-complaint or an answer as well. Deadline for opposing a demurrer […]

Motion to quash service in California for lack of personal jurisdiction

Motion to quash service in California for lack of personal jurisdiction

A motion to quash service in California for lack of personal jurisdiction is the topic of this blog post. The technical legal term for personal jurisdiction is “in personam jurisdiction”. Personal jurisdiction over a defendant is required whenever a personal judgment against that defendant is filed seeking a judgment for money damages, or an injunction.  […]

Motion for judgment on the pleadings in California

Motion for judgment on the pleadings in California

A motion for judgment on the pleadings in California is the topic of this blog post. A motion for judgment on the pleadings in California may be filed by either a plaintiff or a defendant. A motion for judgment on the pleadings is analogous to a general demurrer but one of the advantages of filing […]

Amending a complaint or other pleading in California

Amending a complaint or other pleading in California

Amending a complaint or other pleading in California is the topic of this blog post. Common situations involving amending a pleading in California include amending an answer, complaint or cross-complaint. California statutes that authorize amending a complaint or other pleading in California. Amending a complaint or other pleading in California is authorized by the provisions […]

Motion to strike a complaint in California

Motion to strike a complaint in California

A motion to strike a complaint in California is the topic of this blog post. A motion to strike in California can request that the entire complaint be stricken, or that only specified portions of the complaint be stricken. Deadline for filing a motion to strike a complaint in California. A motion to strike a […]