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The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
California's expungement law permits someone convicted of a crime to file a Petition for Dismissal [9] with the court to re-open the case, set aside the plea, and dismiss the case. [10] In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a ...
TCA 40-32-101(a)(1)(B) A person applying for the expunction of records because the charge or warrant was dismissed in any court as a result of the successful completion of a pretrial diversion program pursuant to §§ 40-15-102 — 40-15-107, shall be charged the appropriate court clerk's fee pursuant to § 8-21-401 for destroying such records.
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
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 ...
The Supreme Court of the United States vacated the judgment of the California District Court of Appeal. In an opinion by Justice Douglas, expressing the view of six members of the Court, it was held that the denial of counsel under the California rule of procedure stated above violated the Fourteenth Amendment.
A California judge on Thursday dismissed multiple state charges — including attempted murder — against David DePape, who was sentenced in federal court last month for a violent 2022 attack on ...
The court applied similar reasoning to the writ of prohibition the next year. [34] To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose. [34]