California Rules of Court|Rule 1.5. Construction of rules and standards

                                                

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2024 California Rules of Court

Rule 1.5. Construction of rules and standards

(a) Construction

The rules and standards of the California Rules of Court must be liberally construed to ensure the just and speedy determination of the proceedings that they govern.

(b) Terminology

As used in the rules and standards:

(1)  "Must" is mandatory;

(2)  "May" is permissive;

(3)  "May not" means not permitted to;

(4)  "Will" expresses a future contingency or predicts action by a court or person in the ordinary course of events, but does not signify a mandatory duty; and

(5)  "Should" expresses a preference or a nonbinding recommendation.

(c) Standards

Standards are guidelines or goals recommended by the Judicial Council. The nonbinding nature of standards is indicated by the use of "should" in the standards instead of the mandatory "must" used in the rules.

(d) Construction of additional terms

In the rules:

(1)  Each tense (past, present, or future) includes the others;

(2)  Each gender (masculine, feminine, or neuter) includes the others; and

(3)  Each number (singular or plural) includes the other.

Rule 1.5 adopted effective January 1, 2007.

View Latest Rulings

Counsel for Plaintiffs and Defendant Windsor Gardens are ordered to submit further briefing regarding the legal effect of section 1.5 of the August 11, 2017 Arbitration Agreement.

  • Name

    PAGLIERI VS WINDSOR GARDENS CARE CENTER OF HAYWARD

  • Case No.

    RG19044072

  • Hearing

    Aug 20, 2021

Plaintiff agrees that the issues of the validity and applicability of the subject Arbitration Agreement be determined by an Arbitrator, pursuant to Section 1.5, of the Arbitration Agreement. The action is stayed. The Court invites the parties’ attention to local form RI-CI024.

  • Name

    RAISNER VS RAMONA REHABILITATION

  • Case No.

    MCC1900617

  • Hearing

    Oct 01, 2019

DISCUSSION The primary issue is whether the forum selection clause contained within the SPA applies to the Employment Agreement at issue, which was attached in its unexecuted form to SPA and referenced in section 1.5, as well as the Stockholder Agreement, referenced also in section 1.5.

  • Name

    RHODES VS CAREBUILDER LLC

  • Case No.

    RG20083056

  • Hearing

    Jul 12, 2021

(See, Settlement Agreement, Section 1.5(b).) Relatedly, Section 1.6(C) of the Settlement Agreement provides, in pertinent part, that: “Notwithstanding the foregoing, FVB shall not be required to begin construction until it has received funding of the $250,000.00 loan from the City.” (See, Settlement Agreement, Section 1.6(C).) Plaintiff has not presented evidence that that defendant FVB has received the funding of $250,000.00 from the City of Fullerton as called for under the agreement.

  • Name

    PEOPLE V TT THERAPY AND SPA, INC.

  • Case No.

    30-2014-00700251-CU-MC-CJC

  • Hearing

    Dec 07, 2018

It is also undisputed that Defendant has inspected the property on multiple occasions, as per section 1.5. At least one of these inspections occurred in mid-2021, after work was completed to remedy the break-in and vandalism that occurred in late 2020. The "Inspection Correction Notice" referenced in the opposition refers to site inspections that occurred well over a year prior to the break-in and vandalism that occurred in late 2020.

  • Name

    REGAN VS SDPB HOLDINGS LLC

  • Case No.

    37-2019-00004651-CU-BC-CTL

  • Hearing

    Aug 25, 2021

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View Latest Dockets

Filed

Apr 29, 2011

Status

Dismissal

Judge

Hon. Daniel A. Ottolia Trellis Spinner 👉 Discover key insights by exploring more analytics for Daniel A. Ottolia

Court

Riverside County

County

Riverside County, CA

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Jan 05, 2015

Status

Dismissal

Judge

Hon. Kim Garlin Dunning Trellis Spinner 👉 Discover key insights by exploring more analytics for Kim Garlin Dunning

Court

Orange County

County

Orange County, CA

Practice Area

Torts

Matter Type

Construction

110 Files
Filed

Jan 13, 2012

Status

Dismissal

Judge

Hon. Bryan F. Foster Trellis Spinner 👉 Discover key insights by exploring more analytics for Bryan F. Foster

Court

San Bernardino

County

San Bernardino County, CA

Category

Construction Defect - Complex

Practice Area

Torts

Matter Type

Construction

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preview-icon 2 pages

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Hayward Hall of Justice, Department 518 JUDICIAL OFFICER: HONORABLE DENNIS HAYASHI Courtroom Clerk: Melvyn Gonzales CSR: None RG19044072 December 2, 20…

County

Alameda County, CA

Filed Date

Dec 02, 2021

Category

Unlimited Civil (Other Personal Injury/Propert...)

Judge Hon. Dennis W. Hayashi Trellis Spinner 👉 Discover key insights by exploring more analytics for Dennis W. Hayashi
preview-icon 2 pages

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Hayward Hall of Justice Mary Paglieri et al No. RG19044072 Plaintiff/Petitioner(s) vs. Date: 12/02/2021 Windsor Gardens Care Center of …

County

Alameda County, CA

Filed Date

Dec 02, 2021

Category

Unlimited Civil (Other Personal Injury/Propert...)

Judge Hon. Dennis W. Hayashi Trellis Spinner 👉 Discover key insights by exploring more analytics for Dennis W. Hayashi
preview-icon 3 pages

SUPERIOR COURT OF CALIFQ_ g |) on ¢2 3 COUNTY OF ALAMEDA y O° COURTHOUSE ADDRESS: …

County

Alameda County, CA

Filed Date

Jan 05, 2022

Category

Unlimited Civil (Other Personal Injury/Propert...)

Judge Hon. Dennis W. Hayashi Trellis Spinner 👉 Discover key insights by exploring more analytics for Dennis W. Hayashi
preview-icon 2 pages

Superior Court of California, County of Alameda Hayward Hall of Justice Paglieri No. RG19044072 Plaintiff/Petitioner(s) VS. Minutes Windsor Gardens Care Center of Hayward Defendant/Responden…

County

Alameda County, CA

Filed Date

Aug 26, 2021

Category

Unlimited Civil (Other Personal Injury/Propert...)

Judge Hon. Dennis W. Hayashi Trellis Spinner 👉 Discover key insights by exploring more analytics for Dennis W. Hayashi
preview-icon 2 pages

Law Offices of Goodwin & Ghecea J Supple Law, PC Attn: Goodwin, Gregory J. Attn: Supple, John L 4713 Greenleaf Court 990 Fifth Avenue Suite A San Rafael, CA 94901 Modesto, CA 95356 Superior Court of California, County of Alameda Hayward Hall of Justice …

County

Alameda County, CA

Filed Date

Aug 26, 2021

Category

Unlimited Civil (Other Personal Injury/Propert...)

Judge Hon. Dennis W. Hayashi Trellis Spinner 👉 Discover key insights by exploring more analytics for Dennis W. Hayashi
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