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The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
The court may order a reply to this third-party defendant's answer. In California, the filing of a reply is subject to CCP 1005 [1] and the reply should be filed and served pursuant to these rules - typically five court days prior to a hearing see California CCP 1005 (b). [1]
This means that California adheres to an arcane distinction between what constitutes pleading of a mere "fact", versus an "ultimate fact", versus a "conclusion of law". [4] California is one of two states, the other being Virginia, which uses the demurrer as the primary pre-answer attack on the complaint. Most states and the federal courts have ...
(Gov. Code, § 12963.5.) The period of time within which the department may bring a civil action to prosecute a violator is extended by the length of time between the filing of the petition and the filing by the CRD of a certified statement indicating the respondent's compliance with the court's order compelling a response. (Gov. Code, §12963. ...
The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. [7]
State Sen. Bill Dodd, D-Napa, on Thursday announced Senate Bill 1166, which he said was meant to add oversight through investigations at California State University campuses, the University of ...
Hearing the case will be a federal judge famously hostile to the state’s gun laws.
Once the requisite time to respond to the complaint has passed, the defendant is "in default"; this may be automatic, [12] or it may require the court clerk to enter the default (which may, in turn, require that the plaintiff request entry of the default). [13] Some defaults do not take effect until a set period of time after the clerk acts. [14]
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