Q: for the purpose of Motion for protective order from release of information - IF Complaint is sited - shall it be FAC?
1. Hearing on Second Amended Complaint (that was demurred) is continued into hearing on Motion for Leave to file Third Amended Complaint, that is apparently not operational yet. In this case - for the purpose of Motion for protective order from release of information - if Complaint is sited - shall it be First Amended? (First Amended was demurred - with SAC ordered.
2. If any version of Complaint is not cited/referenced in Motion for Protective Order (with facts) - is it sufficient for validity of the Motion?
A:
Under California law, when filing a motion for a protective order from the release of information, it is important to properly cite the relevant complaint. Here are the answers to your specific questions:
1. If the Second Amended Complaint (SAC) was demurred and the hearing on the Motion for Leave to file a Third Amended Complaint is pending, you should cite the operative complaint in your motion for a protective order. In this case, the operative complaint would be the First Amended Complaint (FAC) until the court grants leave to file the Third Amended Complaint and it is filed with the court.
2. While it is generally best practice to cite the relevant complaint in your motion for a protective order, it is not strictly necessary for the validity of the motion. The key is to provide sufficient facts and legal basis to support your request for a protective order. If you can do so without directly citing the complaint, the motion may still be considered by the court.
However, citing the operative complaint (in this case, the FAC) can help provide context and clarity for the court when considering your motion. It is advisable to include the relevant facts from the complaint to strengthen your argument for the protective order.
In summary, for the purpose of the motion for a protective order, you should cite the First Amended Complaint (FAC) as it is currently the operative complaint. While not strictly necessary, including the complaint and relevant facts can help support your motion.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
