A civil case cover sheet must be filed with a complaint.
However, the Plaintiff sometimes fails to file the required civil case cover sheet (Cal. Rules of Court, rule 3.220(a); Judicial Council form CM-010). (The purpose of the civil case cover sheet addendum is to identify the appropriate venue.)
The Court has inherent authority to enter retroactive orders. (See Scalice v. Performance Cleaning Systems (1996) 50 Cal.App.4th 221, 238-239.) Per California Rules of Court, rule 2.100, “No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning the form or format of papers.” (Cal. Rules of Court, rule 2.100, subd. (a).) While this rule permits the clerk to refuse to file a paper that does not conform to the California Rules of Court, it precludes the clerk from refusing to file a paper that does not conform to a local rule. (See Carlson v. State of California Department of Fish & Game (1998) 68 Cal.App.4th 1268, 1272.)
The clerk may not reject papers solely because plaintiff fails to file a civil case cover sheet required by the California Rules of Court or similar local rule, or provides an incorrect or incomplete cover sheet. (Cal. Rules of Court, Rule 3.220(c); Mito v. Temple Recycling Ctr. Corp. (2010) 187 Cal. App. 4th 276, 280 (complaint improperly rejected because not accompanied by civil case cover sheet required by L.A. Sup.Ct. Rule 2.3(a)(1)(C)).)
The potential consequences for failure to comply with local rules are set forth at CCP § 575.2, which provides:
Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed.
It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.
But a Court may impose sanctions for failing to respond to an Order to Show Cause Re: Monetary Sanctions (hereinafter “OSC”) for failure to file a Civil Case Cover Sheet as required by CRC Rule 3.220(a).
Nature of Proceedings: Demurrer
TENTATIVE RULING:
Unless the parties appear at the hearing of this motion and show cause why this action is properly before this court in “South County,” the court will on its own motion transfer this action to the Cook Division (Santa Maria) for further proceedings. The demurrer will be reset for hearing following transfer.
Plaintiff Stephen N. Jennings filed hi...
..to identify the appropriate venue for actions filed within Santa Barbara County. The failure to file this required form has led to the error in venue that appears here.
Plaintiff’s complaint alleges that this action arises out of foreclosure-related conduct with respect to the personal residence of the plaintiff located in Lompoc. (Complaint, ¶¶ 1, 10-17.) At the same time, defendants are allege...
ELIZABETH VELAZQUEZ, et al., Plaintiffs, vs. JAMES HAZZARD JR., et al., Defendants.
[TENTATIVE] ORDER RE:
MOTION TO DEEM COMPLAINT FILED AUGUST 8, 2016, THE DATE RECEIVED BY THE SUPERIOR COURT
Plaintiffs’ Motion to Deem Complaint Filed August 8, 2016 is GRANTED.
The Court considered the moving papers.
This is a motor vehicle negligence case based on an incident that occurred on August 8, 20...
..payment the summons, complaint, and civil case coversheet with addendum.
On August 9, the clerk sent a notice stating that the filing was rejected as it was identified as a Limited Jurisdiction case and e-Delivery was only available for General Jurisdiction PI cases. Plaintiff contends that the complaint made no reference to this action being a Limited Civil Case. On August 12, plaintiff re...
#1 – Maribel Beltran v. Maria Melgar, et al (19CMCV00032)
On February 21, 2019, Plaintiff Maribel Beltran filed a Motion to Transfer Venue in Maribel Beltran v. Maria Melgar, et al, LASC Case No. 19CMCV00032, contending Plaintiff intended to file this case in the Central District, but the case was mistakenly assigned to the Compton Courthouse. Plaintiff’s request for judicial notice of the docume...
..ries, Inc., Robert Simpson, and Maria Melgar asserting causes of action for discrimination, harassment, and retaliation under FEHA, as well as associated common law causes of action based upon Plaintiff’s disability, gender, and pregnancy. The case was assigned to Judge Maurice A. Leiter in Department A of the Compton Courthouse in the South Central District.
Pursuant to Local Rule 2.3(a)(1)(B),...
Tentative Ruling on Order to Show Cause Re: Monetary Sanctions: On January 29, 2019, this Court issued an Order to Show Cause Re: Monetary Sanctions (hereinafter “OSC”) against Plaintiff and Counsel for failure to file a Civil Case Cover Sheet as required by CRC Rule 3.220(a). Plaintiff has not submitted a reply to the OSC. Plaintiff remains in violation of CRC Rule 3.220(a). Sanctions are hereby...
... The hearing on the Order to Show Cause Re: Dismissal is set for Monday, April Dismissal.
...
renee starr, Plaintiff, v. city of los angeles, et al., Defendants.
Case No.: 19STCV00749
Hearing Date: March 27, 2019
[TENTATIVE] order RE:
plaintiff’s MOTION for a nunc pro tunc order
NOTICE
The Court will be dark for motions on March 27, 2019. However, the Court has reviewed and considered the pleadings and posts this tentative order. If no party requests a hearing (by alerting the Court’...
..ber 19, 2018 at 8:42 PM. Plaintiff failed to check the box on the civil case cover sheet, and the clerk rejected Plaintiff’s filing for that reason. (Declaration of Daniel. D. Geoulla, Exhibits 1, 2.) Plaintiff asks the Court to enter an order to retroactively deem this case filed on December 19, 2018.
The Court has inherent authority to enter retroactive orders. (See Scalice v. Performance Clean...
TENTATIVE RULING
Calendar: 1
Date: 1/25/19
Case No: 18GDCV00017 Trial Date: None Set
Case Name: Soong v. Wielosik, as Administrator
MOTION TO CORRECT DATE OF FILING OF COMPLAINT
Moving Party: Plaintiff Rachel F. Soong
Responding Party: Defendant George Wielosik, Administrator of the Estate of
Derek B. Bradstreet (No Opposition)
RULING:
[No Opposition]
Motion for Order Correcting the Dat...
..e Administrator of the estate currently being administered in the Los Angeles Superior Court, Probate Department, Case No. 17STPB00345.
Plaintiff alleges that in 2010, plaintiff and decedent Derek Bradstreet entered into an agreement whereby decedent promised to give plaintiff one hundred percent of his retirement account and fifty percent of everything else he owned at death, in exchange for pla...
1 File No. 18-10511-0
Robert Scott Kennard
2 State Bar No. 117017
Amit Taneja
3 State Bar No. 304559
NELSON & KENNARD
4 5011 Dudley Blvd, Bldg 250, Bay G
McClellan, CA 65652
5 P.O. Box 13807
co em ND WH FF BN
NY N NY NY N N NDB NO we we ea
ont A A Fw NH = SD we AR DH FB WN KF SO
GEORGE W. WOLFF (81126)
LAW OFFICE OF GEORGE W. WOLFF
580 California Street, Suite 1234/1236
San Francisco, CA 94104
MAILING ADDRESS:
P.O. Box 26749
San Francisco CA 94126-6749
Telephone: (415)788-1881 ext. 222
Telecopier: (415)788-0880
Email: [email protected]
Attorney for Defendants/Cross-Complainants OLIVIER AUFFRET and VIRGINIE ECLAIR
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR
1 File No. 18-10511-0
Robert Scott Kennard
2 State Bar No. 117017
Amit Taneja
3 State Bar No. 304559
NELSON & KENNARD
4 5011 Dudley Blvd, Bldg 250, Bay G
McClellan, CA 65652
5 P.O. Box 13807
AttorneyorPartywithout
Attorney: For CourtUse Only
ANDREW E.BAKOS ESQ., Bar #151250
1545 RIVER PARK DRIVE
SUITE 205
SACRAMENTO, CA 95815 ELECTRONICALLY FILED
TelephoneNo:916-649-0208 FAX No: 916-649-0941
AttorneyorPartywithout
Attorney:
For CourtUseOnly
ANDREW E.BAKOS ESQ., Bar #151250
1545 RIVER PARK DRIVE
SUITE 205
SACRAMENTO, CA 95815 ELECTRONICALLY FILED
TelephoneNo:916-649-0208
SHANNON B. JONES LAW GROUP, INC.
SHANNON B. JONES (Bar No. 149222)
[email protected]
LINDSEY A. MORGAN (Bar No. 274214) —
[email protected]
208 W. El Pintado Road
Fs
Danville, California 94526
Telephone:
AttorneyorPartywithout
Attorney:
For CourtUseOnly
ANDREW E.BAKOS ESQ., Bar #151250
1545 RIVER PARK DRIVE
SUITE 205
SACRAMENTO, CA 95815 ELECTRONICALLY FILED
TelephoneNo:916-649-0208
CHRISTINA HUMPHREY LAW, P.C.
Christina A. Humphrey (SBN 226326) 10/21/2020
8330 Allison Ave., Ste. C.
La Mesa, CA 91942
Telephone: (619) 488 6400
Email: [email protected]
TOWER LEGAL GROUP
James A. Clark (SBN 278372)
11335 Gold Express Drive, Ste. 105
Gold Riv
Allan S. Haley, SBN 105136 SuP ERIOR COURT OF CALIFORNIA
John G. Bilheimer, SBN 154580 OUNTY Ar ny ARER
NO
HALEY & BILHEIMER
11:53
505 Coyote Street, Suite A
KATHLEEN C. LYON, CSB #236224
1 [email protected] 10/19/2020
JOSHUAH D. KERBY, CSB #324182
2 [email protected]
ARONOWITZ SKIDMORE LYON
3 A Professional Law Corporation
200 Auburn Folsom Road, Suite 305
4 Auburn, California 95603
ROBIN D. SHOFNER (272552)
[email protected]
MOBO LAW, LLP
1830 15th Street, Suite 100
Sacramento, CA 95811 10/13/2020
Tel: (916) 447
Fax: (916) 848
Attorneys for Plaintiff:
RUCKEE TAHOE LUMBER COMPANY
a California corporation
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Bret D. Cook 226489
Law Office of Bret D. Cook
202 Ann Street P.O. Box 425
Greenville CA 95947 FF __Superior Court of California
TELEPHONE NO: 530-284-1529 FAX NO. (Optionay: 530-280-4805
. County of Butte
E-MAIL ADDRESS (Optiona): bret [email protected] | Y |
ATTORNEY FOR (Name: Matthew Smelser and Brandy Alexander L L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
street aporess: 1
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Bret D. Cook 226489
Law Office of Bret D. Cook
202 Ann Street P.O. Box 425
Greenville CA 95947 FF __Superior Court of California
TELEPHONE NO: 530-284-1529 FAX NO. (Optionay: 530-280-4805
. County of Butte
E-MAIL ADDRESS (Optiona): bret [email protected] | Y |
ATTORNEY FOR (Name: Matthew Smelser and Brandy Alexander L L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
street aporess: 1
MC-350
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Bar number, and address}: . FOR COURT USE ONLY
| CARRAZCO LAW, A.P.C. / ANGEL CARRAZCO, JR. (SBN: 230845)
18301 IRVINE BLVD.
TUSTIN, CA 92780 :
‘TELEPHONE NO: 714-541-8600 FAX NO, (Optonep: 714-541-8601
E-MAIL ADDRESS (OpSona): [email protected]
ATTORNEY FOR (Name): Plaintifis
‘SUPERIOR GOURT OF CALIFORNIA, COUNTY OF LOS ANGELES
sTREET ADDRESS: 1130 O Street
MAILING ADDRESS:
CITY Ano zip cope: Fresno, 93723,
BRANCH NAME: BF SISK
Attorney
or Party without Aliorney: ForCourt
UseOnly
ANDREW E.BAKOS ESQ.,Bar #151250
1545RIVER PARK DRIVE
SUITE 205
SACRAMENTO, CA 95815 ELECTRONICALLY FILED
Attorney
or Party without Attorney. ForCourt
UseOnly
ANDREW E.BAKOS ESQ.,Bar#151250
1545RIVER PARK DRIVE
SUITE 205 ELECTRONICALLY FILED
Se eee SuperiorCourt ofC
Attorney
or Party without Attorney: ForCourt
Use Only
ANDREW E.BAKOS ESQ.,Bar#151250
1545RIVER PARK DRIVE
SUITE 205
SACRAMENTO, CA 95815 ELECTRONICALLY FILED
ANDREA L. PETRAY, (SBN 240085) ELECTRONICALLY FILED
FINCH, THORNTON & BAIRD LLP Superior Court of California,
4747 EXECUTIVE DRIVE, SUITE 700 County of Placer
SAN DIEGO, CA 92121
858-737-3100
ANDREA L. PETRAY, (SBN 240085)
FINCH, THORNTON & BAIRD LLP ELECTRONICALLY FILED
4747 EXECUTIVE DRIVE, SUITE 700 Superior Court of California,
SAN DIEGO, CA 92121 County of Placer
858-737-3100