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Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted. Writs are generally divided into two categories: the most common form of writ petition is ordinary mandate , which is a highly informal process mostly governed by advisory rules of court rather than by strict rules or statutes.
California cannot reject tenants’ applications for COVID-19 emergency rental assistance after a renter lawsuit raised questions about whether the state program meets constitutional standards.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Confession of judgment is a legal term that refers to a type of contract (or a clause with such a provision) in which a party agrees to let the other party enter a judgment against them. Such contracts are highly controversial and may be invalidated as a violation of due process by courts, since the obligor is essentially contracting away his ...
See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories ...
Suspension of judgment is used in civil law to indicate a court's decision to nullify a civil judgment. Motions to set aside judgments entered in civil cases in the United States district courts are governed by Rule 60 of the Federal Rules of Civil Procedure which opens with the statement, "On motion and just terms, the court may relieve a party or its legal representative from a final ...