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Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories ...
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New California law authorizes the attorney general, local government and renters to sue landlords for wrongful evictions and illegal rent […] The post California governor signs law to bolster ...
California's Democratic Gov. Gavin Newsom signed a law Saturday to bolster eviction protections for renters and close a loophole in an existing law that has allowed landlords to circumvent the ...