Alameda California Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
County:
Alameda
Control #:
US-PI-0095
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.
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FAQ

Local Rule 7.3 in California pertains to the standards and processes for motion practice, including details on the Motion to Dismiss or Transfer - Civil Trial. This rule highlights the necessity for parties to meet and confer before filing a motion, promoting resolution without court involvement. Understanding this rule is essential for practitioners to navigate the complexities of civil litigation efficiently.

Rule of court 3.1332 in California pertains specifically to motions for summary judgment and specifies the timelines and requirements for filing such motions. While not directly related to motions to dismiss or transfer, understanding all related court rules can significantly benefit your case strategy. If you are navigating through court procedures, having access to legal documents and resources can enhance your understanding. Platforms like uslegalforms offer valuable insights to help you succeed.

Judicial Council Coordinated Proceedings (JCCP). Civil actions sharing a common question of fact or law are sometimes filed in different courts. These cases, under certain procedures, may be transferred to a single court. These become known as Coordinated Proceedings.

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. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

A request submitted to the Chair of the Judicial Council for the assignment of a judge to determine whether the coordination of certain actions is appropriate, or a request that a coordination trial judge make such a determination concerning an add-on case, must be designated a "Petition for Coordination" and may be

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action

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. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.

Judicial Council Coordinated Proceedings (JCCP). Civil actions sharing a common question of fact or law are sometimes filed in different courts. These cases, under certain procedures, may be transferred to a single court. These become known as Coordinated Proceedings. JCCP.

(l) The court may dismiss, without prejudice, the complaint in whole, or as to that defendant when either party fails to appear at the trial and the other party appears and asks for the dismissal.

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Alameda California Motion to Dismiss or Transfer - Civil Trial