Withdrawal of a lis pendens in California

A withdrawal of a lis pendens in California is the topic of this blog post.

A withdrawal of a lis pendens in California is governed by the provisions of Code of Civil Procedure section 405.50.  A lis pendens is also referred to as a notice of pendency of action.

Requirements for withdrawal of a lis pendens in California.

Note that the notice of withdrawal of lis pendens must be signed by the party that recorded the original lis pendens or their successor in interest and the signature must be notarized. The notarized withdrawal should then be recorded in the office of the county recorder for the county in which the original lis pendens was recorded.

The most common reason for recording a notice of withdrawal of a lis pendens in California would be a situation where the parties settled the litigation that first led to the recording of the lis pendens.

Code of Civil Procedure § 405.50 states that,

“At any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded the notice of pendency of action or by the party’s successor in interest. The notice of withdrawal shall be acknowledged.”

If the litigation that first led to the recording of the lis pendens has not been dismissed it may be a good idea to file a certified copy of the recorded withdrawal of lis pendens in order to notify the court that the lis pendens has been withdrawn.

Sample withdrawal of a lis pendens in California available in Microsoft Word format.

Attorneys or parties in California that would like to view or download a sample withdrawal of a lis pendens in California available in Microsoft Word format and created by the author can see below.

Virtual paralegal with over 20 years of experience available for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

Motion to correct a clerical error in United States District Court

A motion to correct a clerical error in United States District Court is the topic of this blog post.

A motion to correct a clerical error in United States Bankruptcy Court is filed pursuant to Federal Rule of Civil Procedure 60(a).

Grounds for filing a motion to correct a clerical error in United States District Court.

The grounds for filing a motion to correct a clerical error in United States District Court are that the clerical error or errors constitute a clerical mistake or a mistake arising from oversight or omission that is causing the records of the Court to not accurately reflect the actual orders or judgments made.

A Rule 60(a) motion to correct a clerical error in United States District Court can be filed whenever the records of the Court reflect an error that was clerical or mechanical in nature.

Federal Rule of Civil Procedure 60(a) states that, “[t]he court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record.  The court may do so on motion or on its own, with or without notice.”

A motion filed under Rule 60(a) differs from rule 60(b) motions as corrections pursuant to Civil Rule 60(a) have no time limit.

And a well known legal treatise has stated that the court is entitled to modify an order under Rule 60(a) if the error was mechanical in nature rather than the result of a deliberate choice and the modification reflects the intent of the bankruptcy court at the time of the hearing.

And the Ninth Circuit Court of Appeals has stated in published cases that relief under Civil Rule 60(a) is not limited to clerical mistakes committed only by the clerk, it also applies to any mistakes made by the court, any of the parties or even the jury.

Sample motion to correct a clerical error in United States District Court for sale.

Attorney or parties that would like to view a portion of a sample motion to correct a clerical error in United States District Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration sold by the author can see below.

Virtual paralegal with over 20 years of experience available for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

Motion to correct a clerical error in United States Bankruptcy Court

A motion to correct a clerical error in United States Bankruptcy Court is the topic of this blog post.

A motion to correct a clerical error in United States Bankruptcy Court is filed pursuant to Federal Rule of Civil Procedure 60(a) (“Rule 60(a)”) and Federal Rule of Bankruptcy Procedure 9024.

Grounds for filing a motion to correct a clerical error in United States Bankruptcy Court.

A motion to correct a clerical error in United States Bankruptcy Court is filed on the grounds that the clerical error or errors constitute a clerical mistake or a mistake arising from oversight or omission that is causing the records of the Court to not accurately reflect the actual orders or judgments made.

A Rule 60(a) motion should be filed whenever the records of the Court reflect an error that was clerical or mechanical in nature.

Federal Rule of Civil Procedure 60(a), made applicable by Federal Rule of Bankruptcy

Procedure 9024, provides that “[t]he court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record.  The court may do so on motion or on its own, with or without notice.”

A motion filed under Rule 60(a) differs from rule 60(b) motions as corrections pursuant to Civil Rule 60(a) have no time limit.

And a well known legal treatise has stated that the bankruptcy court is entitled to modify an order under Rule 60(a) if the error was mechanical in nature rather than the result of a deliberate choice and the modification reflects the intent of the bankruptcy court at the time of the hearing.

And the Ninth Circuit Court of Appeals has stated in published cases that relief under Civil Rule 60(a) is not limited to clerical mistakes committed only by the clerk, it also applies to any mistakes made by the court, any of the parties or even the jury.

Sample motion to correct a clerical error in United States Bankruptcy Court for sale.

Attorney or parties that would like to view a portion of a sample motion to correct a clerical error in United States Bankruptcy Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration sold by the author can see below.

Virtual paralegal with over 20 years of experience available for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

Demand for a physical examination in California

A demand for a physical examination in California is the topic of this blog post.

A demand for a physical examination in California is served by a defendant on the plaintiff in a personal injury case.

A demand for a physical examination in California can be served on the plaintiff as soon as the defendant has been served with the summons and complaint.  This demand is an excellent tool as it allows the defendant to have a licensed physician of their choosing conduct a physical examination of the plaintiff to determine if they have suffered personal injuries as alleged in their complaint.

Law authorizing a demand for a physical examination in California.

The demand for a physical examination in California is authorized by the provisions of Code of Civil Procedure section 2032.220 whenever a plaintiff has alleged suffering personal injuries in a complaint.

Code of Civil Procedure § 2032.220 states that,

“(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied:

(1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive.

(2) The examination is conducted at a location within 75 miles of the residence of the examinee.

(b) A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.

(c) A demand under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the physician who will perform the examination.

(d) A physical examination demanded under subdivision (a) shall be scheduled for a date that is at least 30 days after service of the demand. On motion of the party demanding the examination, the court may shorten this time.

(e) The defendant shall serve a copy of the demand under subdivision (a) on the plaintiff and on all other parties who have appeared in the action.

Deadline to respond to a demand for a physical examination in California.

The plaintiff must respond to the demand within 20 days after service (25 days if the demand is served by mail) pursuant to the provisions of Code of Civil Procedure § 2032.230 which states that,

“(a) The plaintiff to whom a demand for a physical examination under this article is directed shall respond to the demand by a written statement that the examinee will comply with the demand as stated, will comply with the demand as specifically modified by the plaintiff, or will refuse, for reasons specified in the response, to submit to the demanded physical examination.

(b) Within 20 days after service of the demand the plaintiff to whom the demand is directed shall serve the original of the response to it on the defendant making the demand, and a copy of the response on all other parties who have appeared in the action.”

Sample demand for a physical examination in California available in Microsoft Word format.

Attorneys or parties in California that would like to view a sample demand for a physical examination in California containing brief instructions, all required statutory wording and a proof of service by mail created by the author can see below.

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

Consumers Legal Remedies Act in California

The Consumers Legal Remedies Act in California is the topic of this blog post.

The Consumers Legal Remedies Act in California is also known as the CLRA. The CLRA can be a very potent weapon that can be used by a California consumer against a business or service provider who is using unfair or deceptive trade practices.

The CLRA provides remedies for unfair or deceptive trade practices and is very detailed. In fact there are more than 20 separate categories of illegal practices listed in Civil Code § 1770. These include passing off goods or services as those of another, using deceptive representations or designations of geographic origin in connection with goods or services, and representing as original or new goods that have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.

The CLRA does have some very specific requirements that must be followed. Before a lawsuit can be filed, the plaintiff must first give the defendant a chance to make things right.

Laws authorizing the Consumers Legal Remedies Act in California.

The Consumers Legal Remedies Act in California is found in Civil Code sections 1750 through 1784.

At least 30 days before filing suit under the CLRA, the plaintiff must give the potential defendant notice of the alleged violation and demand that he or she “correct, repair, replace or otherwise rectify” the prohibited practices. The notice must be in writing and sent by certified or registered mail, return receipt requested, to the place where the transaction occurred, or to the potential defendant’s principal place of business within California pursuant to Civil Code
§ 1782(a)(2).

Plaintiff must allege in the complaint that proper notice was given. If a plaintiff files an action without first sending the required notice, the claim can be dismissed. This defect cannot be cured by amendment. Failure to provide notice after litigation has started will not be effective, notice must be given in order to state a claim, failure to give notice before filing any complaint will result in a Court dismissing the case with prejudice.

Messages sent by email, fax, or standard mail are NOT sufficient, and the notice must also be sent to the place where the transaction occurred, or to the potential defendant’s principal place of business within California pursuant to pursuant to Civil Code § 1782 (a)(2).

The notice is intended to give the manufacturer or vendor sufficient notice of alleged defects to permit appropriate corrections or replacements, and to facilitate settlements of consumer actions wherever possible before a complaint is filed.

A defendant may establish good faith by introducing evidence of their attempts to comply with a consumer’s demand pursuant to Civil Code section 1782(3).

A defendant may avoid liability under the CLRA if they can prove that any alleged violation was not intentional; it resulted from a bona fide error; and they made an appropriate correction, repair, or replacement, or provided another remedy pursuant to Civil Code section 1784.

Sample demand letter under the Consumers Legal Remedies Act in California in Microsoft Word format.

Attorneys or parties in California who wish to view and download a sample demand letter to a business under the CLRA can see below.

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

Freelance paralegal available for assistance with California and Federal litigation matters.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you would like to subscribe to his newsletter click on the following link: http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

California and Federal litigation

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