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state court civil litigation (law and motion) questions
Assuming there is plenty of time before the hearing, wouldnt the amended
motion relate back to the original motion (so no issues with timeliness)?
On Aug 10, 2017 4:18 PM, "'Gary R. Wallace' garyrwallace@ymail.com
[cdcbaa]" wrote:
>
>
> Notice is the key. If you can file and serve the amended motion within
> the time limits, then you should be fine because you can then withdraw the
> original motion if you feel that appropriate. If the amendment is minor,
> perhaps an errata notice is fine. If not, and if service now would result
> in less than minimum notice, you would do better to withdraw and simply
> refile the amended motion as a new motion with a proper hearing date. Also
> check with the clerk to make certain that he/she understands what you have
> done (so that the judge rules on the correct document).
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 10801 National Boulevard, Suite 100
> Los Angeles, CA 90064
> Email: garyrwallace@ymail.com
> Office: (310) 571-3511
>
>
> ------------------------------
> *From:* "Kirk Brennan kirkinhermosa@gmail.com [cdcbaa]" cdcbaa@yahoogroups.com>
> *To:* Cdcbaa Yahoo Listserv
> *Sent:* Thursday, August 10, 2017 3:54 PM
> *Subject:* [cdcbaa] state court civil litigation (law and motion)
> questions
>
>
> For those of you who do civil litigation in California state court:
>
> Is it ok to simply file an amended motion? Or is a motion for leave to
> amend required? Note this does not relate to amending the pleadings.
> Strictly law and motion issue (discovery dispute). I have reviewed the
> California Rules of Court and have not found the answer.
>
> Thank you,
>
> --
> Kirk Brennan
>
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Assuming there is plenty of time before the hearing, wouldnt the amended motion relate back to the original motion (so no issues with timeliness)?
The post was migrated from Yahoo.
For those of you who do civil litigation in California state court:
Is it ok to simply file an amended motion? Or is a motion for leave to
amend required? Note this does not relate to amending the pleadings.
Strictly law and motion issue (discovery dispute). I have reviewed the
California Rules of Court and have not found the answer.
Thank you,
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
For those of you who do civil litigation in California state court:Is it ok to simply file an amended motion? Or is a motion for leave to amend required? Note this does not relate to amending the pleadings. Strictly law and motion issue (discovery dispute). I have reviewed the California Rules of Court and have not found the answer.Thank you,-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.