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A real estate license must be obtained from the DRE in order to engage in the real estate business and to act in the capacity of a real estate broker or salesperson within the State of California. Before applying for a license, all education and experience requirements mandated by the Department must be fulfilled. [6]
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...
Notice pleading is the dominant form of pleading used in the United States today. [2] In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2]
In order to be issued an appraisal license, BREA requires applicants to meet all the criteria established by the Appraisal Qualifications Board (AQB) of the Appraisal Foundation. [3] [4] Regulations require the application for a real estate appraiser license to include their social security number. [4]
Once an instrument affecting the title to real estate has been recorded, the law holds that everyone is deemed to know of its existence, even if they have not searched the records in the recorder's office. This is the doctrine of "constructive notice" and it is nearly universal in the various states of the U.S. So, for example, after a deed or ...
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 ...
A civil summons is most often accompanied by a complaint. Depending on the type of summons, there is often an option to endorse a summons so that the entity being served may be identified. In the court system in California, for civil unlimited cases in the superior court, a summons will often have these options to endorse: as an individual;