Q: Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?
Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?
A:
In California, when responding to an Order to Show Cause (OSC) regarding the failure to serve a Proof of Service (POS) of dismissal, it is generally advisable to include a declaration to support the plaintiff's response.
A declaration is a written statement made under oath or penalty of perjury, which allows the court to consider the information provided as evidence. In the context of responding to an OSC, a declaration can be used to explain the reasons for the failure to serve the POS of dismissal and to provide any supporting documentation.
While a declaration may not be explicitly required by law, it is a best practice to include one when responding to an OSC. The declaration should include:
1. A statement explaining the reasons for the failure to serve the POS of dismissal.
2. Any efforts made to serve the POS of dismissal.
3. Any relevant facts or circumstances that may have prevented timely service.
4. A request for the court to discharge the OSC and allow additional time to serve the POS of dismissal, if needed.
The declaration should be signed under penalty of perjury, pursuant to the laws of the State of California.
In addition to the declaration, the plaintiff's response to the OSC should also include a memorandum of points and authorities, which outlines the legal basis for the plaintiff's position and cites any relevant legal authorities.
It is always recommended to consult with an attorney experienced in civil procedure and local court rules to ensure that the response to the OSC is properly prepared and filed in accordance with California law and the specific requirements of the court.
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