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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Opposition to Motion for Sanctions

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
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 Los Angeles

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 Timing

9 Court Days Before the Hearing

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...

 Rules and Requirements

Separate Motion

A motion for sanctions pursuant to Code of Civil Procedure 128.7 must be made separately from any more...

Description of Sanctionable Conduct and Response

A motion for sanctions must provide a description of the conduct that allegedly violates Code of Civil Procedure more...

Response to Description of Sanctionable Conduct

Opposition papers may include a response to the description of allegedly sanctionable conduct. more...

Sanctions

Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient more...

Attorney's Fees and Expenses

The court may award to the prevailing party reasonable expenses and attorney's fees incurred in presenting or opposing more...

Inapplicable to Discovery

Code of Civil Procedure 128.7 does not apply to discovery documents including requests, responses, objections and discovery motions. more...

Sanctions For CRC Violations

In General

In addition to any other sanctions permitted by law, the court may order a person, after written notice more...

Notice and Procedure

Sanctions must not be imposed under this rule except on noticed motion by the party seeking sanctions or more...

Award and Expenses

In addition to the sanctions awardable under (b), the court may order the person who has violated an more...

Order

An order imposing sanctions must be in writing and must recite in detail the conduct or circumstances justifying more...

Meet and Confer

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

Local Rules Regarding Sanctions

Civil Rules

The court may impose appropriate sanctions for the failure or refusal to comply with the rules in this more...

Trial Rules

The following rules concerning the conduct of trial (Local Rules 3.37 through 3.193) apply to all direct calendar more...

 Opposition Papers

Caption

California Rule of Court 312(h) was deleted effective 1/1/07.It provided that motions or demurrers may have short captions that simply identify the first party on each more...

It appears that with motions and papers other than demurrers, California Rule of Court 2.111(4) now governs. more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other elements more...

Memorandum of Points and Authorities

Content

The opposition memorandum must contain a statement of facts, a concise statement of the law, and the evidence, more...

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed fifteen (15) pages, more...

A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages shall also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Los Angeles County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

The statement must also include the reason why the evidence cannot be presented by declaration or affidavit. more...

Declarations

Los Angeles County SmartRules procedural guide: DECLARATIONS. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Judicial Notice

Los Angeles County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Facts From The Record

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

Objections To Evidence

Opposition papers may include objections to the evidence relied upon by the moving party. Customarily, objections to evidence are made in a separate document. more...


 Additional Documents

Response to Declaration Re Sanctions

The moving papers must include a declaration regarding the sanctions sought.Any sanction imposed for violation of Code of Civil Procedure 128.7(b) must be limited to what is sufficient more...

Opposition papers may include a response to any declaration by the moving party in support of the amount more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Proposed orders may be filed and submitted electronically as provided in . . more...

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 FILING AND SERVICE

Filing

Filing

Time

In the Central District, opposition or reply papers must be filed not later than 4:30 p.m. on the more...

Electronic Filing May Be Required

Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for more...

Local Rules Regarding E-Filing

Electronic Filing--Not Available At All Locations

Consult the filing clerk for the applicable court location to learn if electronic filing is available at that more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Service

Service

Service

Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is more...

 Hearing and Disposition

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Tentative Rulings

Some departments post tentative rulings. These can be accessed online at: . more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Los Angeles County SmartRules procedural guide: more...

Ruling and Order

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 Sanctions Order

Sanctions Order

The court's order imposing sanctions must describe the conduct that violated Code of Civil Procedure 128.7 and explain more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior