Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: California Rule of Court, County of Los Angeles. Chatsworth Courthouse.

Which California Rule of Court, County of Los Angeles, defines if Motion for Leave to file Third Amended Complaint, and Motion to Set Aside Dismissal against a defendant, can be submitted as one filing, and decided at the same hearing?

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James L. Arrasmith
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A: In California, the rules governing the filing of motions, including a Motion for Leave to File a Third Amended Complaint and a Motion to Set Aside Dismissal, are set out in the California Rules of Court. However, the specific rule that directly addresses whether these motions can be submitted as one filing and decided at the same hearing isn't pinpointed by a single, universally applicable rule. Instead, the decision on how to handle these filings depends on the discretion of the court and the specific procedural context of the case.

For filings within the County of Los Angeles, local court rules and the practices of the particular courthouse, such as the Chatsworth Courthouse, may provide further guidance. It's important to consult the local rules for the Los Angeles Superior Court, as these can offer detailed instructions on filing procedures and requirements that complement the statewide California Rules of Court. Additionally, direct communication with the court clerk or a review of the court's website may provide clarity on procedural questions specific to your situation.

To ensure compliance with the appropriate rules and maximize the likelihood of a favorable decision, consider seeking guidance from the court's self-help resources or consulting legal counsel familiar with practice in Los Angeles County. They can offer tailored advice based on the nuances of your case and the specific requirements of the court where your matter is being heard. Remember, every legal situation is unique, and navigating court procedures effectively requires an understanding of both state and local rules.

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