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 Opposition to Motion to Compel Arbitration

 Superior Court of California
 Orange County

Serve Motion to Compel Arbitration In Lieu of Answer

An answer (or other responsive pleading) must be filed and served within 30 days of service of a more...   

Moving Party Must Provide 10 Days' Notice

Not less than 10 days' notice of the date set for the hearing on the petition must be more...

30 Days' Notice for Service Outside California

If service is made outside California, the petition may not be heard until at least 30 days after more...

Matter to be Given Precedence

In all proceedings brought under the provisions of this title, all courts wherein such proceedings are pending must more...

File Response Within 10 Days

A response must be served and filed within 10 days after service of the petition. . more...

30 Days If Petition Served Outside California

If the petition is served by mail outside California, the response must be served and filed within 30 more...

Extension

The time provided in this section for serving and filing a response may be extended by an agreement more...

Denial of Petition and Responsive Pleading

If the petition is denied, a responsive pleading must be filed within 15 days. . more...

Existence of Written Agreement to Arbitrate and Refusal to Arbitrate

A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy, and more...

Request for Stay

A request to compel arbitration may be accompanied by a request to stay the court proceeding pending the more...

Notice of Stay

If the court orders the action stayed, the party that requested the stay must immediately serve and file more...

Grounds for Denial of Petition

A written agreement to arbitrate may only be revoked upon such grounds as exist for the revocation of more...

Complex Actions -- Meet and Confer Required

Prior to the hearing of any motion, petition or application, except applications to appear pro hac vice and more...

Counsel for the moving party shall arrange the conference to meet and confer and, at least 10 calendar more...

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...

Local Rule Regarding Designation of Judicial Officer and Other Information

All documents filed in cases subject to civil case management, with the exception of the original summons and more...

ASSIGNED FOR ALL PURPOSES TO: more...

JUDICIAL OFFICER (insert name) more...

DEPARTMENT (insert no.) more...

In addition, the face page of any subsequent document must also designate the nature of the document, the 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

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

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...

Declarations

Orange County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Orange County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

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

Proposed Order

A proposed order must be lodged and served as a separate document. . (renumbered 1/1/07) Orange County SmartRules procedural guide: more...

Serve Petition According to Arbitration Agreement

A copy of the petition and a written notice of the time and place of the hearing thereof more...

Where Manner of Service Not Provided by Agreement

Serve Inside California In the Manner for Service of Summons

If the arbitration agreement does not provide the manner in which service must be made and the person more...

Service Outside California

Service outside California must be made by mailing the copy of the petition and notice and other papers more...

Proof of Service

Proof of service by mail must be made by affidavit showing such mailing together with the return receipt more...

Service on Party Who Has Previously Appeared

If the arbitration agreement does not provide the manner in which such service must be made and the more...

Service of Response--Standard Rules of Service Apply

A response must be served as provided in Code of Civil Procedure Section 1010 et seq. . more...

Serve Attorney of Represented Party

Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...

Traditional Service Required for Nonparty

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...

Filing

Orange County SmartRules procedural guide: FILING DOCUMENTS. more...

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

Those tentative rulings which are posted on the Internet may be viewed at . In addition, tentative rulings more...

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Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). Orange County SmartRules procedural guide: more...

Local Rule Re Telephonic Appearances

Notification that a party will appear telephonically must be made in accordance with rule 3.670, California Rules of more...

Individual departments will advise the parties whether telephone calls are to be placed directly to the department or more...

Ruling and Order

A proposed order must be lodged and served as a separate document. . (renumbered 1/1/07) Orange County SmartRules procedural guide: more...

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