Author Archives: mary

When is a “trial” not a trial? In a petition for writ of administrative mandamus.

When a Petitioner files a Petition for Writ of Administrative Mandamus or Mandate, the Superior Court schedules a trial setting conference and then a trial. However, the “trial” on a petition for writ of administrative mandate is not really a … Continue reading

What’s a Docket Control Number?

Before I began working on a massive bankruptcy litigation in the Eastern District of California, I’d never heard of the term “Docket Control Number.” The Bankruptcy Court for the Eastern District of California appears to be the only federal court … Continue reading

In the Court of Appeal: Motion to Augment or Request for Judicial Notice?

Both a motion to augment and request for judicial notice allow parties to add matter to the record on appeal. However, which one to use depends primarily on what matter you seek to add and whether it was presented to … Continue reading

What to do when documents you designated for your record on appeal are accidentally omitted by the Superior Court clerk

If you designated material for your Record on Appeal, but find that it was accidentally omitted by the Superior Court clerk, you need to file a Notice in the Superior Court requesting inclusion of the material. Rule 8.155(b) of the … Continue reading

Differences Between Discovery in California State Court and Federal Court: Hold on Discovery in Federal Court Until Parties Confer

The California Discovery Act allows a Plaintiff to serve written discovery on the defendant as soon as ten days after service of the summons and complaint. (See, e.g., Code of Civil Procedure § 2030.020 [interrogatories].) But if you find yourself … Continue reading

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