Scottsdale, AZ asked in Copyright and Civil Litigation for California

Q: Ex-parte communication - filed by Defendant

Is it improper, a violation of statutes/ethics for a Defendant to submit a 80-page confidential memorandum to the Court on my case prior to filing of my Complaint? I learned of it by a public records request. The memorandum makes many false claims and certainly has the appearance of prejudicing the Court. What actions are appropriate. Thank you.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: AZ or CA? You posted in CA. Here I cannot even conceive of a way they could file something in a Civil action before you file a complaint. How would they have the case number? There is a procedure for them to file a sealed document that must be followed first.

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