Help With Motion In California
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If you see a potential for a motion to dismiss, this is an opportunity to inform the client how much legal expertise is necessary for such a filing. In other words, they will be facing a daunting challenge trying to represent themselves and will likely need an attorney more than ever.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
Grounds for Filing a Motion To Dismiss These include procedural errors, lack of probable cause, or other legal issues that compromise the integrity of the indictment or information. Defendants can challenge the validity of the charging documents based on these grounds, asserting their right to a fair legal process.
Unless otherwise required by law, a motion must consist of at least the following: A notice of hearing on the motion. The motion itself. A memorandum in support of the motion or demurrer (referred to as points and authorities)
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.
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
People with income less than 125% of the federal poverty guidelines are eligible and may qualify for assistance. Sometimes people with less than 200% of the federal poverty guidelines can qualify. Please call LAFLA at 800-399-4529 to see if you are eligible.
