Jump to content

California, how to file a motion for undertaking...?


tigger
 Share

Recommended Posts

After reviewing the information so kindly provided by KentWA:

https://www.creditinfocenter.com/community/topic/310931-one-more-california-silver-bullet

I would like to file a motion for an undertaking under Code of Civil Procedure Section 1030 (as stated in the above thread).

Apparently such a motion was enacted to "afford security for an award of costs which the defendant might otherwise have difficulty enforcing against a non-resident plaintiff."

Defendant Can Utilize Motion for an Undertaking to Enforce Award of Costs

Our case trial date is the final week of January, which I believe gives some time for this. The plaintiff in our case is an out of state jdb (though represented by an in state law firm). After reading a few threads where others have had some issues w/getting those in-state to pay their costs, I figured this affords us one less thing to stress over (if supported by the court).

I am working on the motion in limine (regarding precluding them from presenting any further evidence at trial)....but also throwing research of this into the mix, too.

But thought I would ask if anyone had knowledge of if such a motion needs to be filed on a specific form. Appreciate any information for knowledgeable Californians!

Thanks!

Link to comment
Share on other sites

tigger said:
After reviewing the information so kindly provided by KentWA:

https://www.creditinfocenter.com/community/topic/310931-one-more-california-silver-bullet

I would like to file a motion for an undertaking under Code of Civil Procedure Section 1030 (as stated in the above thread).

Apparently such a motion was enacted to "afford security for an award of costs which the defendant might otherwise have difficulty enforcing against a non-resident plaintiff."

Defendant Can Utilize Motion for an Undertaking to Enforce Award of Costs

Our case trial date is the final week of January, which I believe gives some time for this. The plaintiff in our case is an out of state jdb (though represented by an in state law firm). After reading a few threads where others have had some issues w/getting those in-state to pay their costs, I figured this affords us one less thing to stress over (if supported by the court).

I am working on the motion in limine (regarding precluding them from presenting any further evidence at trial)....but also throwing research of this into the mix, too.

But thought I would ask if anyone had knowledge of if such a motion needs to be filed on a specific form. Appreciate any information for knowledgeable Californians!

Thanks!

This would make sense to me if you were entitled to an award of attorneys' fees. But the cost award will only be a few hundred dollars. I just can't see a judge getting too excited about this.

Link to comment
Share on other sites

Ah, that makes sense Calawyer. I misunderstood. But see now (re-reading and considering your comment), that it definitely protects attorneys in such cases. It would not make sense for the pro-se litigant.

Thanks so much for the clarification, I sincerely appreciate it. :)++

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.