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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 ...
Here are the notable grand jury indictments and court decisions for the week of Oct. 9, 2023.
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 ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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Thursday is also the deadline for the full Republican-controlled House to consider a motion to force the panel to release its report on Gaetz, 42, who resigned from Congress in November hours ...