Join the 9 million people who found a smarter way to get Expert help
Recent legal questions
I just get a " STRICKEN as UNTIMELY" Peremptory
Hi;I just get a " STRICKEN as UNTIMELY" for my Peremptory Challenge to remove the Judge from handling my case was filed on December 07, 2015. My case was Limited Civil filed on July 30, 2015 and the FIRST hearing on November 12, 2015.This was a "Chambers Work" and the judge doesn't say what rule or procedure my challenge was violated (Untimely filed).In California, Peremptory Challenge is not appealable, only a Petition for Writ of Mandate is allowed.CCP 170.6(a)(2) states: Motion files at least 10 days before the date set for trial or hearing.If the court in which the action is pending is authorized to have no more than one judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, the motion shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion.Since the Judge doesn't said, my question to you is: Any rules and/or procedures that myPeremptory violated?Thank you for your attention.
170.6 I am trying to determine the exception that applys
170.6 I am trying to determine the exception that apply's in my case. 10/5 or All-purpose. I have a civil matter in a two-judge all-purpose court. I knew who my judge was back in Nov. as a trial was set then. Plaintiff filed for summary judge motion, I stayed with bankruptcy. A New Motion was properly set for Feb 10 on Jan 10. Can I preemptory challange the judge under 10/5? Or do I have all-purpose limits? If I do, is the all-purpose limit start from When the judge was assigned, or Jan 10?
In California court, if I showed up with my attorneys for a
In California court, if I showed up with my attorneys for a scheduled session, where the opposing attorney did not show up or did not call in, can the opposing attorney opt to not agree to have the judge not be the judge for the case. At begging of thesession, we were given a form to accept this judge or not...we accepted. The judge had Declaration from both attorneys but the opposing attorney did not show or call. Judge said he would read declarations and make judgement... Can attorney with nownshownonjectto judge?
I am reviewing a uniform pretrial conference trial order that
I am reviewing a uniform pretrial conference trial order that the Plaintiffs counsel handed me 5 minutes before our pretrial hearing, expecting me to sign it. I refused to do so and am reviewing and modifying it. It states "Number of peremptory challenges: and he has put in 3. What does that mean?
California Procedure: DOES A MOTION FOR JUDICIAL RECUSAL PURSUANT
California Procedure: DOES A MOTION FOR JUDICIAL RECUSAL PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 170.6 EXTEND THE 30 DAY TIME PERIOD TO RESPOND TO A COMPLAINT? CCP 170.6 DOES NOT REQUIRE CAUSE, IT IS PREMEMTIVE AND AUTOMATICALLY GRANTED. IT IS BEING FILED BEFORE THE FIRST APPEARANCE IN THE CASE--SO, DOES THAT EXTEND TIME WHILE THE ASSIGNMENT TO A NEW JUDGE IS TAKING PLACE?
Im envolved in an administrative proceedingView more legal questions
To Socrateaser:I'm envolved in an administrative proceeding in California. I'm in pro per and I'm the citizen accuser under B&P Code Section 24201. The hearing is set for July 9, 2012. The respondent is represented by an attorney. The case is in front of the Office of Administrative Hearings. I want to file a motion for summary Judgment as I feel there are no trialable issues of fact. My main complaint is that this licensee misrepresented a material fact in his license application by ommiting "hidden owners". After this application, in seperate actions, two courts have ruled there were "hidden ownerss"in this licensed premise. I have these rulings (certified) and the application. The first ruling is a small claims judgment and the other is a ruling from a family court stating there were "hidden owners". Is there a (motion) in administrative proceedings I can use like a motion for summary judgment?