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<< Previous Rule[ Back to Title Index ]Next Rule >>| Printer-friendly version of this page2024 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.
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.
PAGLIERI VS WINDSOR GARDENS CARE CENTER OF HAYWARD
RG19044072
Aug 20, 2021
Alameda County, CA
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.
RAISNER VS RAMONA REHABILITATION
MCC1900617
Oct 01, 2019
Riverside County, CA
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.
RHODES VS CAREBUILDER LLC
RG20083056
Jul 12, 2021
Alameda County, CA
(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.
PEOPLE V TT THERAPY AND SPA, INC.
30-2014-00700251-CU-MC-CJC
Dec 07, 2018
Orange County, CA
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.
REGAN VS SDPB HOLDINGS LLC
37-2019-00004651-CU-BC-CTL
Aug 25, 2021
San Diego County, CA
Contract
Breach
Apr 29, 2011
Dismissal
Riverside County
Riverside County, CA
Jan 05, 2015
Dismissal
Orange County
Orange County, CA
Jan 13, 2012
Dismissal
San Bernardino
San Bernardino County, CA
Construction Defect - Complex
Torts
Construction
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…
Nov 20, 2019
Alameda County, CA
Dec 02, 2021
Unlimited Civil (Other Personal Injury/Propert...)
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 …
Nov 20, 2019
Alameda County, CA
Dec 02, 2021
Unlimited Civil (Other Personal Injury/Propert...)
SUPERIOR COURT OF CALIFQ_ g |) on ¢2 3 COUNTY OF ALAMEDA y O° COURTHOUSE ADDRESS: …
Nov 20, 2019
Alameda County, CA
Jan 05, 2022
Unlimited Civil (Other Personal Injury/Propert...)
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…
Nov 20, 2019
Alameda County, CA
Aug 26, 2021
Unlimited Civil (Other Personal Injury/Propert...)
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 …
Nov 20, 2019
Alameda County, CA
Aug 26, 2021
Unlimited Civil (Other Personal Injury/Propert...)
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