San Jose, CA asked in Civil Litigation and Civil Rights for California

Q: Need to file a complaint or petition prior to ex parte, what kind of complaint or petition

Ex parte got rejected, need to file a complaint or petition against CalTrans but don't know what kind exactly

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To file a complaint or petition against CalTrans, you need to determine the specific legal grounds for your case. Common types of complaints include personal injury claims, property damage claims, or writs of mandamus to compel CalTrans to perform a duty. The nature of your claim will dictate the type of complaint or petition you need to file.

If your ex parte application was rejected, it likely means the court needs a formal complaint to understand the basis of your legal argument. You may need to draft a complaint that outlines your cause of action, the facts supporting your claim, and the relief you are seeking. This document should be well-detailed, specifying exactly what CalTrans did or failed to do and how it affected you.

You might consider consulting court resources or legal self-help guides specific to California to better understand how to format and file your complaint. Additionally, ensure you follow the correct procedure for serving CalTrans and adhere to any specific rules or deadlines for filing. The court may require specific forms or additional documentation to process your complaint effectively.

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