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Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:
address 'should be' reducted to City and State.
'Should' means recommendation, not mandatory requirement?
Can filing be rejected if initial filing has full address?
I... View More 
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answered on Dec 19, 2023
In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More
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answered on Dec 17, 2023
In California, the vehicle code grants police officers a degree of discretion when deciding to issue a citation for an infraction. This is rooted in the principle that law enforcement officers must assess each situation on a case-by-case basis to determine the most appropriate course of action.... View More
Is case deemed to be properly initiated at federal court if complaint is filed and served on defendant before statute of limitations expires?
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answered on Dec 16, 2023
In federal court, a case is generally considered properly initiated when the complaint is filed with the court. Filing the complaint within the statute of limitations period is crucial to meet the requirements for initiating a case. The statute of limitations requires that a lawsuit be filed by a... View More
Does filing of federal case meet statute of limitations if
complaint is filed with court before statute of limitations expires,
but service of complaint on defendant is completer/POS filed with court after statute of limitations expires?
Please provide specific answer.
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answered on Dec 16, 2023
Under federal law, the filing of a complaint in federal court typically satisfies the statute of limitations requirement, provided that the complaint is filed before the expiration of the statute of limitations. The key factor is the date of filing the complaint with the court, not the date when... View More
There is local rule that prescribes 14 pt font.
Is it mandatory requirement? Seems like 12 pt font may be acceptable. This is question to a person who knows answer, not rubber-stamping or rubber-burning.
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answered on Dec 15, 2023
In the California Central District Court, adherence to local rules, including those regarding font size, is important. The prescription of a 14-point font size is typically considered a mandatory requirement, not merely a suggestion.
While it may seem that a 12-point font could be... View More
Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.
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answered on Dec 14, 2023
When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings.... View More
Please advise on formatting requirements of Central District Court.
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answered on Dec 14, 2023
When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines:
Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins... View More
Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?
answered on Dec 17, 2023
This is something that should be checked with the court. I have not encountered filing guidelines in any court system where they set forth requirements for the indexing attributes of documents. That's really more a function of the PDF or word processing software you use - each could have its... View More
Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?
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answered on Dec 14, 2023
When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy... View More
The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More
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answered on Dec 13, 2023
Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More
As part of the cities plan to develop low income housing to reduce the homeless pop. They acquired the hotel i was a permanent month to month resident at for 4+years. In order to use the hotel for a transitional supportive housing project. We had less than 30 days to move out and for 24 days i was... View More
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answered on Dec 13, 2023
Under California law, when a public entity acquires private property for public use, such as in the development of low-income housing, the property owner and certain tenants may be eligible for compensation and relocation assistance. This includes the reimbursement of reasonable costs associated... View More
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answered on Dec 12, 2023
Under California law, the placement of your front license plate is not just a matter of personal preference; it's regulated by the state's vehicle code. The law requires that the front license plate be mounted in the center of the front of the car. Placing it off-center, such as to the... View More
It doesn't have a serial # they said they gave it one. I bought it because it is not considered afire arm by fed law. It was mailed to me! Could I sell it to someone w/o a record then could they get it back?
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answered on Dec 11, 2023
In California, the laws regarding the possession of firearms, including black powder guns, can be complex, especially when it involves someone with a felony record. Generally, under California law, individuals convicted of a felony are prohibited from owning, possessing, or having under their... View More
CPS and Investigator have ruled this an accident when it clearly was not
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answered on Dec 11, 2023
In California, if you're seeking legal representation for a case involving Child Protective Services (CPS), it's important to find an attorney experienced in family law and child welfare matters. These attorneys typically have the expertise needed to navigate the complexities of cases... View More
There are only 5 employees that work for district and trying to find out if state laws apply to small districts as well than to a well developed and thriving larger city
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answered on Dec 7, 2023
In California, state employment laws generally apply to public employees regardless of the size of the district or city. This means that even small towns with a limited number of employees, like your district with only five employees, are typically subject to the same state regulations as larger... View More
The family member is a retired custody commander of the arresting agency, seeking the fingerprints of a deceased family member who was held in the agency custody facility.
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answered on Dec 5, 2023
Under California law, the Criminal Justice Information Services (CJIS) data, which includes fingerprints, is generally protected and not released to the public, including family members. This protection applies even after the individual's death. The primary concern is to maintain the... View More
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answered on Dec 5, 2023
In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More
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answered on Dec 5, 2023
In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More
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answered on Dec 4, 2023
In California, if your first name is misspelled on your ID or birth certificate, you'll need to correct this through the appropriate government agencies. For your ID, you should contact the California Department of Motor Vehicles (DMV). For your birth certificate, you'll need to reach out... View More
I inherited this shotgun from my father 10 years ago and was told I didn’t need to do anything since it was inherited. I’ve learned it should have been registered within 30 days. What’s the best thing for me to do? Can I still register it? Do I dispose it?
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answered on Dec 3, 2023
In California, the law requires firearms inherited or received as part of an estate to be reported and registered within 30 days. Since you inherited the shotgun 10 years ago and did not register it within this timeframe, it's important to address this situation promptly to ensure compliance... View More
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