Oakland, CA asked in Animal / Dog Law and Civil Litigation for California

Q: can I get a motion heard in without filing a cause of action with the complaint in California

I think I should file a motion ordering the defendent to return property to its rightful owner. Would I need to file a partial summary judgement for ownership then continue civil litigation for damages for the second part

1 Lawyer Answer
Adam Stoddard
Adam Stoddard
  • Santa Clara, CA
  • Licensed in California

A: It is unclear what you are trying to do here. It sounds like you have not filed a complaint yet since you state "can I get a motion heard in without filing a cause of action with the complaint in California." If you have not filed a Complaint, then you cannot file a motion with the Court. Just like you cannot serve a subpoena, without a complaint being filed first. There is no mechanism for the Court's jurisdiction over another party without a lawsuit being filed first. Maybe someone else will chime in here, but you cannot just file motions with the Court without a lawsuit first being initiated.

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