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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
Short title: Microsoft Word - MTF MTD v4.docx: Author: DMetcalf1: Software used: PScript5.dll Version 5.2.2: Conversion program: Acrobat Distiller 15.0 (Windows); modified using iText® 5.5.9 ©2000-2015 iText Group NV (AGPL-version)
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.
Typical forms included in a form book are a model complaint, answer, motion to compel discovery, motion for summary judgment, and request for permission to appeal. Other types of forms include: Transactional forms used to draft wills, contracts, and documents [9] Procedural Forms used to draft pleadings, motions, and complaints; Real estate
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
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 ...