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The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal. In some cases, motions to quash are requests to nullify a decision made by the same or a lower court.
The California Court of Appeal reversed the trial court's order denying Doe 6's motion to quash the subpoena and upheld Doe 6's right to remain anonymous. The Court recognized that while the First Amendment right applied to Internet speakers, this right must be weighed against plaintiffs' interest in identifying the speakers in order to pursue ...
Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
Pavlovich filed a motion to quash service of process, asserting that the court did not have personal jurisdiction over him. [2] The trial court denied the motion and Pavlovich petitioned the Court of Appeal for a writ of mandate directing the court to grant the motion. The Court of Appeal denied the petition without issuing a published opinion ...
By Nate Raymond (Reuters) -A U.S. appeals court has halted enforcement of an anti-money laundering law that requires corporate entities to disclose the identities of their real beneficial owners ...
Courts later held that the California action was "first in time." Dennis filed a "special appearance" in the California court and moved to quash the service of process. He argued that he was a non-resident of California and had no connection with California sufficient to establish personal jurisdiction over him consistent with the Due Process ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
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