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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 ...
In addition to notice pleading, a minority of states (e.g., California) use an intermediate system known as code pleading, which is a system older than notice pleading and which is based upon legislative statute. It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading.
Strict foreclosure is an effective remedy where the creditor has a need or use for the physical property itself. For example, a seller of goods that forecloses on goods in which it had a purchase money security interest (PMSI) may then return the foreclosed goods to its inventory and resell them at its leisure.
Whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy. June 24, 2024: December 2, 2024 United States v. Skrmetti: 23-477
A UCC-1 financing statement (an abbreviation for Uniform Commercial Code-1) is a United States legal form that a creditor files to give notice that it has or may have an interest in the personal property of a debtor (a person who owes a debt to the creditor as typically specified in the agreement creating the debt).
The United States District Court for the Southern District of California is one of four federal district courts in California. [3] Court for the District is held at El Centro and the Edward J. Schwartz U.S. Courthouse and U.S. Courthouse Annex in San Diego. The district comprises Imperial and San Diego counties.
The Rules unified law and equity and replaced common law and code pleading with a uniform system of modern notice pleading in all federal courts. There are exceptions to the types of cases that the FRCP now control but they are few in number and somewhat esoteric (e.g., "prize proceedings in admiralty").
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), was a decision of the Supreme Court of the United States involving antitrust law and civil procedure.Authored by Justice David Souter, it established that parallel conduct, absent evidence of agreement, is insufficient to sustain an antitrust action under Section 1 of the Sherman Act.