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A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
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 ...
Dynamex Operations W. v. Superior Court and Charles Lee, Real Party in Interest, 4 Cal.5th 903 (Cal. 2018) was a landmark case handed down by the California Supreme Court on April 30, 2018. A class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of ...
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the " real party in interest ".
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections.
The California Court Case Management System (CCMS) is the court case management and electronic court filing (e-filing) system intended for use by the several courts, though development has been stalled since 2012. Since then, all courts not yet on CCMS have resorted to a variety of alternative solutions.
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The first step in criminal procedure is for the defendant to be arrested by the police. In California, the police may arrest a person: for a misdemeanor crime if the police have probable cause and personally witnessed the crime occur in front of them or the police have a signed arrest warrant from a judge [7]