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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 to Compel Arbitration

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 San Diego

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 Timing

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...

Any Party Can Request Hearing

Any party, or attorney for a party, who desires to have any demurrer, motion, or order to show more...

Department Rules

Many San Diego County Superior Court judicial officers have Department Rules governing, among other things, aspects of motion practice. more...

Scheduling the Hearing

Consult instructions for "Scheduling an Ex Parte Hearing or Noticed Motion," available online at more...

.

 Rules & Requirements

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

The party who requested or caused a stay of a proceeding must immediately serve and file a notice 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...

 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

San Diego 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...

Declarations

San Diego County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

San Diego 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...

 Additional Documents

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...

San Diego County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 Filing and Service

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

San Diego County SmartRules procedural guide: FILING DOCUMENTS. 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

Prior to the hearing, any civil department may issue a tentative ruling in a law and motion matter, more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . San Diego County SmartRules procedural guide: more...

Ruling and Order

San Diego County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. 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