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Do you know what your local rules are for filing Motions In Limine/Objections & Trial Briefs - what is the deadline for filing these before trial?


There are the rules I have been able to find on the Court Web site:


2.99.01 Trial Brief.

On the first day of trial, each party shall submit a trial brief.

(Adopted 1/1/2013)





2.95 Motions in Limine.

(A) At least seven days prior to trial the parties shall meet and confer and exchange motions in limine and identify

the motions that are contested.

The parties shall file their motions, oppositions, if any, and a list of disputed motions in the assigned

department on the first day of trial.

(Adopted 1/1/2013)




2.99.02 Statement of the Case.

(A) The parties shall meet and confer to agree on a joint statement of the case.

The parties shall submit the joint statement to the assigned judge on the first day of trial. If the parties cannot

agree on a joint statement, each party shall submit its proposed statement to the trial judge.

(Adopted 1/1/2013)



The four people you listed, is one of those the name of the affiant in the CCP98?


Yes. The one that is also an affiant in the CCP98 is Dorothy Ruiz. In the CCP 98 declaration, she goes by Dorothy Ruiz. However, on the CCP98 response, the Plaintiff's Attorney lists her as Dorothy "Dodie" Ruiz.



Is the Bernal Rd. address the only address they gave in the CCP98?


Yes. That is the only address they gave



Obviously if the affiant does not reside in California then they can't possibly have a current address within 150 miles of your court. I'm somewhat surprised that they actually told you they don't reside here. Further, the subpoena you would use is for personal service - it's not meant to be delivered "in care of" some law office, and then the law office will handle getting it to the affiant.


Excellent point. For this reason, am I better off telling the process server NOT to leave the subpoena there? Either personal service or nothing (i.e. use the declaration of due diligence and subpoena for my MIL's/Objections to show they tried to subvert the CCP98 section).

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@DefendingSenior, that's your call. I would, I learned that here. Unless the affiant is able to be PERSONALLY served, they're out of compliance with ccp 1987.

( B) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. © If the notice specified in subdivision ( B) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required. Subject to this subdivision, the notice provided in this subdivision shall have the same effect as is provided in subdivision ( B) as to a notice for attendance of that party or person. - See more at:

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Just wanted to let everyone know that the Plaintiff has filed the request for dismissal without prejudice and that the Court has dismissed the entire case and cancelled the hearing. Thanks so much to all of you!!! Serving a subpoena on their CCP98 declarant and then following that up with a MIL, which also included the Target vs Rocha order and the process server's declaration of due dilligence has obviously helped a great deal. Thanks again!!

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