What is rule 3.1382 of the California Rules of court?
Asked by: Prof. Benjamin Batz | Last update: January 26, 2026Score: 5/5 (67 votes)
Good faith settlement and dismissal. A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading.
What is Rule 3.1322 of the California Rules of court?
Motions to strike. A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.
What is Rule 3 1204 of the California Rules of court?
- (a) Contents of notice. When notice of an ex parte application is given, the person giving notice must: ...
- (b) Declaration regarding notice. ...
- (c) Explanation for shorter notice.
What is the rule 3.1332 C in California Rules of court?
Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.
What is Rule 3.1320 of the California Rules of court?
Demurrers. Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.
How Do Plea Deals Work? House of Law Ep. 25
What is California Rules of court Rule 3.1380 A?
In MSCs, the content of the “briefs” submitted to settlement judges is dictated by California Rules of Court, rule 3.1380(a), which provides that an MSC “statement” must contain a good-faith settlement demand; an itemization of economic and noneconomic damages by each plaintiff; a good-faith offer of settlement by each ...
What is Rule 3.110 of the California Rules of court?
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
What is California Rule of court 3.1202 C?
(c) Affirmative factual showing required
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (Subd (c) amended effective January 1, 2007.)
What is the difference between a postponement and a continuance?
Continuances are similar to both postponements and stays of proceedings. Postponements also delay proceedings for different reasons, but postponements usually only delay until another date within the current term of the court, unlike continuances that may be extended to another term.
What is the rule 3.1324 in California?
An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.
What is the rule 3.1203 in California?
Time of notice to other parties. A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
What is the rule of court rule 3.1150 in California?
Preliminary injunctions and bonds. A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).
What is California Rules of court Rule 3.1342 E?
Motion to dismiss for delay in prosecution. A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.
What is the rule 222.1 in California Rules of court?
Rule 222.1 of the California Rules of Court provides: "A motion to compel answers or further answers to interrogatories or requests for admissions or to protect the responding party shall include a declaration stating facts to show that prior to the filing thereof counsel for the moving party made a reasonable attempt ...
What is California Rule of court 3.1300 B?
(b) Order shortening time
The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.
What is California Rule of court 3.1304 C?
(c) Notice of nonappearance
A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise.
What is California Rules of court Rule 3.1206 R?
Service of papers. Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.
What is the rule of court rule 3.1332 in California?
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
Can a continuance be denied?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
How many times can you ask for a continuance?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
How do I write a letter requesting a continuance?
Begin with a formal salutation, such as "Dear Judge [Last Name]," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
What is Rule 3.522 in Cal Rules of court?
(Cal. Rules of Court, rule 3.522(a).) Serve each party in each included action. The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and all supporting documents on each party appearing in each included action.
What is rule 3.735 A of the California Rules of court?
Management of short cause cases. A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases.
What is the rule 8.883 of the California Rules of court?
Per Rule 8.883, the opening brief must concisely describe the law and facts relied on by the appellant in claiming that the trial court erred in making the judgment or order being appealed from.