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In their opposition to the motion to intervene filed on November 14, USDOJ argued "the military's longstanding policy restricting the accession of transgender persons has been in place for decades without challenge from California," questioning why California would choose to intervene now, especially two months after the lawsuit was originally ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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 ...
In today’s issue: President Trump spent a dizzying first week on offense, but this morning he is reminded that the courts and states, including California, where he’ll be today, are willing to ...
The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). [1] They were created in 1992 with the purpose of encouraging participation in matters of public significance.
Mel Gibson issued an angry five-word response to California governor Gavin Newsom over the deadly wildfires which saw the Hollywood actor's home destroyed. Newsom has called for an investigation ...
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