tastycake

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About tastycake

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  1. I've read that you shouldn't interrupt the Plaintiff's opening statement with objections - is that correct? I'm assuming it's a "proper behavior" thing, and that you would instead object only during cross-examination or when a piece of "evidence" is introduced/presented to the judge.
  2. I think why that type of reference is confusing to many is because if you're using a sample or template, most of which already contain a bunch of "________" indicating fill-ins, that when you see that type of citation, you think it needs something put in. That's what happened to me. If you look through the California Style Manual at http://www.sdap.org/downloads/Style-Manual.pdf (page 20, specifically) it should make sense.
  3. In California, you can do this: "You can meet California’s legal education requirements by spending at least four years studying law under the personal supervision of a California judge of record or a California attorney in his or her law office." You can also qualify for the bar exam without attending an accredited law school, or even online (though I believe any online education has to be from a California bar recognized "distance learning" institution): "In California, unlike in many other states, you need not study law at an accredited law school in order to take the bar examination. If you decide to study law at an unaccredited or correspondence law school, however, you will have to take and pass the First-Year Law Students’ Examination (see #7)." (both of the above are from the CA State Bar website) This guy explains it better than I can in a post: http://tutorials.ehlinelaw.com/become-lawyer-law-degree/ Don't quote me on this, but from what I understand, the caveat is that if you go either of these ways, your license and experience will only ever be of use to you in California, because other states won't certify you unless your education was from a "traditional" accredited law school.
  4. Because the CACH v. Rodgers case was June 10, 2013, is this how it gets cited?CACH, LLC v. Rodgers, (June 10, 2013), ____ Cal. App. 4th Supp ____ (pub. Pending) (edited to add:) Found this https://www.courtlistener.com/calctapp/eWSZ/cach-v-rodgers/ - which lists it as CACH v. Rodgers, JAD14-11 (Cal. Ct. App. 2014) so I'm thinking it's not the 2013 date, but the August 5, 2014 date of the appeals court filing (as stated at the top of the decision "Filed 8/5/14 Certified for publication 8/26/14 (order attached)") Also, I couldn't find the "volume" to use for this cite; is that something coded in "JAD14-11"? (edited again, think I got it sorted out) Best I can tell, per http://www.sdap.org/downloads/Style-Manual.pdf on page 20, it should (currently) be cited like this: CACH, LLC v. Rodgers, (June 10, 2013), ____ Cal. App. 4th Supp ____ (pub. Pending) And then, in my case, attached as an Exhibit to the Trial Brief.
  5. OH.. Okay, I was confused because I hadn't seen any talk about CACH v. Rodgers when searching the forum itself. Editing my trial brief to reference this in addition to Target v. Rocha. Thanks for putting up with my frazzled brain.
  6. Thanks, string - I'm actually in Chatsworth, which from what I can tell is due the day of the trial as well. I've called a couple times to try and ask the clerk but haven't actually talked to anyone yet, and the phone message that plays specifically says do NOT leave a message. The persons at the desk where you file items "don't know". I'm planning on serving the brief on the Plaintiff prior to trial (trial's in a week, I figure send it later today overnight or have it show at their office Monday morning) but have been going back and forth about filing it at court ahead of time though, as I don't want to "make waves" with the judge or whatnot.
  7. Which one is Rogers? I don't remember seeing anything with that name referenced (or do you mean the original Rocha case?)
  8. Thanks much - just triple and quadruple checking. I also went to the LexisNexis site and retrieved the document (printed using their format with the LexisNexis header and everything); is that document in that format acceptable for use as an attached Exhibit, or is there a more preferred format when presenting it to or at court?
  9. Since there isn't an official citation yet (unless I missed it?) what is the proper way to cite it in a trial brief/objection/etc? I have it cited in my trial brief Table of Authorities as such: Target National Bank v. Lucy I. Rocha, County of Santa Clara Appellate Division case # 1-12-AP-001359 (May 16, 2013) ____ Cal. App. 4th Supp ____. and same it the body of the brief: Target National Bank v. Lucy I. Rocha (May 16, 2013) ____ Cal. App. 4th Supp ____. (in both, "Target National Bank v. Lucy I. Rocha" is italicized) I'm assuming also since there isn't an official citation yet that I should attach the result itself (as linked in the OP) it to the trial brief(?)
  10. Does any sort of "Declaration in Support of Defendant's Trial Brief" or "Declaration in Support of Defendant's Objection to Declaration in Lieu" need to be filed? I've seen mention of both but can't determine if they are normally used or necessary.
  11. I saw that in another thread but hadn't taken the time to look at it yet - thank you for reminding me! Very good stuff.
  12. When objecting as above, does the objection need a grounds stated prior to the explanation? Also, if they don't comply with CCP98 (the person listed was not able to be personally served), but then that named person does finally show up at trial? Has that happened to anyone (yet)? (edited: wow, board posting is wacky lately!)
  13. Thanks; I filed the completed Subpoena paperwork with the Server's statement, along with my ccp98 Objection today - which they did accept, and then had those items sent to Plaintiff (and got a POS for it of course). I think I did it "backwards" because my logic was that I needed to have the "court received it" stamp on the subpoena stuff before sending that to Plaintiff. I guess what I'll do is file *that* POS with the court when I serve the trial brief on them. Looks like trial brief is due with the court the day of the trial, but from what I garner, I definitely want to serve it on Plaintiff prior to that. Good protip reminder to POSing everything prior to filing with the court, just to be safe.