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Pursuant to California Rule of Court 2.506 and Government Code Section 68150(h), courts may impose fees for the costs of providing access to its electronic records. Several superior courts do so, including Alameda, Los Angeles, Riverside, Sacramento, and San Diego, and the fees have been criticized by Thomas Peele as exorbitant and ...
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ___ (2017), was a United States Supreme Court case in which the Court held that California courts lacked personal jurisdiction over the defendant on claims brought by plaintiffs who are not California residents and did not suffer their alleged injury in California. [1]
In reviewing Yahoo's claim for declaratory relief, the Court applied a three-part version of the Calder test to determine if the effects of LICRA's action were sufficiently directed at California to establish personal jurisdiction, including whether the defendant: 1. committed an intentional act; 2. expressly aimed at the forum state, and 3 ...
The California Government Claims Act (formerly known as the Tort Claims Act) sets forth the procedures that must be followed when filing a claim for money or damages against a governmental entity in the state of California. This includes state, county, and local entities, as well as their employees. The Government Claims Act is found in ...
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v.
The Court found that the plaintiffs did not have the standing necessary to bring suit. [52] Although the Court established a significant injury for one of the claims, it found the causation of the injury (the nexus between the defendant's actions and the plaintiff's injuries) to be too attenuated. [52] "The injury alleged was not fairly ...
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
The Southern District of California was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300. [2] [3] Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat ...