Calendaring in California State Court

Calendaring-related errors are the leading cause of malpractice lawsuits, particularly in California, where deadlines come from several sources, including the Code of Civil Procedure, the California Rules of Court, and local rules. Usually, calculating a single deadline requires the application of several codes and rules. A single error, e.g., using an old rule, forgetting to add extra time based on the service method (or adding extra time when you should not), counting calendar days instead of court days, missing a holiday, or simply miscounting, will cause a calendaring error.

I cannot stress enough the importance of using a computerized calendaring program to calculate your deadlines. By computerized calendaring, I do not mean that you manually calculate the deadline and enter it on a calendar on your computer, or that you use an electronic calendar to help you calculate the date that is five days before or after a given date. I mean rules-based computerized calendaring, such as Deadlines On Demand or Abacus Law. With these programs, you simply enter an “event,” and they automatically calculate the deadlines for you in accordance with the applicable codes and rules.

Even with rules-based computerized calendaring, however, you need to know how to calendar manually. What if you need to calendar something when your computer is down or inaccessible? What if your computer is fully operational, but you do not know enough to tell it that something needs calendaring? You must know the calendaring steps.

Calendaring Steps

Step 1: Identify the triggering event

A “triggering event” is anything which triggers one or more deadlines. A triggering event might be the filing of a document, the service of a document, or an appearance. For example: filing a complaint, serving a complaint, entering default, answering a complaint, serving interrogatories, serving interrogatory responses, a hearing date, a deposition date, settlement, etc. To identify triggering events in your case, assume that everything you file with the court and/or serve on opposing counsel, and everything you are served with, including notices from the court, involves a triggering event, i.e., something needs to be calendared.

Step 2: Identify what is triggered

Once you have recognized that a triggering event has occurred, you need to identify what has been triggered. For example: filing a complaint triggers the deadline to serve defendant and file Proof of Service of Summons, serving the complaint triggers the deadline for defendant to serve the response, a hearing on a motion triggers the deadline to file and serve notice of motion, opposition, and reply. Sometimes deadlines are triggered which are less obvious. Rules-based computerized calendaring may reveal deadlines you would not have thought of on your own. For example, filing a complaint also triggers the last day for plaintiff to challenge the judge assigned to the case, last day to hold case management conference, first day for defendant to make a motion for summary judgment, last day to bring the action to trial.

Step 3: Identify the current codes and rules which apply to the deadlines

Once you have determined what is triggered, you need to identify the current codes and rules governing the applicable deadlines. It is not enough to identify the correct code section or rule number; you must be sure to apply the current deadline in the code section or rule. In California, the codes and rules are “moving targets.” The one you memorized last year or the year before may be different today. This is another benefit of rules-based computerized calendaring programs — they are updated to apply the current code sections and rules.

Step 4: Correctly apply those codes and rules

This is the most difficult part. It requires several steps which must be accomplished in order and painstakingly applied. It involves identifying what to count, how to count, and then actually counting in conformance with certain very specific rules. Again, rules-based computerized calendaring programs do all of this instantly.

Step 4A: Identify the time frame for each triggered deadline

When calculating the due date for a response to a complaint, you have to know that the relevant time frame begins with the effective date of service (and you have to know how to determine the effective date of service). When calculating the due date for responses to written discovery, you have to know that the relevant time frame begins with the date the discovery was served, and ends with the date the responses are to be served.

Once you have identified the time period you need to count, you need to know exactly how to count the days in that time period.

Step 4B: Identify what date to start counting and what date to stop counting

C.C.P. § 12 provides: “The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.” Thus, if interrogatories are served on April 1st (the date, according to the proof of service, that they were mailed, faxed, etc.), in order to calculate the 30-day deadline to respond, you start counting with April 2nd as the first day, April 3rd as the second day, and keep counting until you reach the 30th day, May 1st. So long as the interrogatories were personally served, and so long as May 1st is not a weekend or a holiday, the deadline to serve responses is May 1st.

Step 4B(1): Counting or skipping interim weekends and California holidays

In order to calendar correctly, you must know whether to count or skip weekends and California holidays occurring during the relevant time frame. This depends upon whether you are supposed to count “calendar days” or “court days.” In that regard, unless a code or rule specifies “court days,” as is the case with notices of motion, oppositions, and replies under C.C.P. § 1005(b), you are supposed to count calendar days. Thus, “five days” means “five calendar days.”

Of course, you cannot count court days unless you know the holidays in the court in which your case is pending. You must be very careful to use a calendar which shows the California holidays. In addition to the federal holidays, California celebrates Lincoln’s Birthday (February 12th), Cesar Chavez Day (March 31st), and the day after Thanksgiving. For the period September 1, 2009 through June 30, 2010, California courts were also closed on the third Wednesday of each month, and those days were considered holidays for calendaring purposes.

Step 4B(2): Determine the last day – deal with weekends, holidays, and extra time

When calculating the last day to perform an act triggered by the service of a document (e.g., last day to respond to a discovery demand, last day to make a motion to compel further responses to discovery), you must consider how the document which triggered the deadline was served. If it was personally served, there is one procedure; if it was not personally served, additional steps must be taken. In either case, you need to know what happens when the last day to do something lands on a holiday, and you need to know how to determine the “last day.”

C.C.P. § 12a(a) provides: “If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday.” “Holiday” includes all of the California holidays and weekends. Thus, if the last day is a Saturday, the deadline would be extended to Monday, so long as it is not a holiday. If Monday is a holiday, then the deadline would be extended to Tuesday.

(a) For personal service, adjust when the last day falls on a weekend or California holiday

If the 30th day after interrogatories were personally served is a Saturday, this is the “last day” under C.C.P. § 12a(a). Since the last day is a weekend, the due date is extended to the next court day, Monday (unless it is a holiday).

(b) For a triggering document not personally served, first add the applicable extension of time to determine the last day, then adjust when the last day falls on a weekend or California holiday

As a general rule, documents may be served personally (also referred to as service “by hand” or “hand delivery”), by mail, by express mail, or overnight delivery (C.C.P. §§ 1011, 1013), and, so long as the recipient has agreed to accept service by these methods, service generally may be made by fax (C.R.C., Rule 2.306) or electronically (C.C.P. § 1010.6(a)(6) and C.R.C., Rule 2.260). Every method other than hand delivery has associated extensions of time.

These extensions of time are mandated because, for the most part, deadlines and notice periods start running from the date documents are served, not the date they are received by the opposing party. For example, responses to interrogatories are due 30 days after the interrogatories are served; a motion to compel further responses must be filed within 45 days after the responses to interrogatories are served; a deposition may be taken ten days after the notice of taking deposition is served; a motion may be heard 16 court days after notice of the motion is served.

Any method other than personal service will result in a delay between the act of service and the person’s actual receipt of the document. In that regard, service by mail is deemed complete upon deposit in a USPS mail box (C.C.P. § 1013(a)), but the papers might not arrive in the recipient’s mail for days. Service by fax is deemed complete upon transmission of the entire document to the receiving party’s fax machine (C.C.P. § 1013(e) and C.R.C., Rule 2.306(g)), but that does not mean the document will be in the hands of the intended recipient that day. A document served electronically is deemed complete upon transmission (C.C.P. § 1010.6(a)(6)), but it may sit unopened in the recipient’s email inbox for hours, if not days.

To obviate any inherent prejudice in this delay in receipt of a document, various extensions of time are added depending upon the type of document served and the method by which it is served. These extensions of time are found in C.C.P. §§1013, 1005(b), and 1010.6. Note: By their own terms, these code sections are not always applicable! Fortunately, rules-based calendaring programs know when they are and when they are not.

Extensions for Service by Mail under C.C.P. § 1013 and 1005(b)

Add five days for service by mail to a person within California; ten days outside California, but within the U.S., and twenty days outside the U.S. These extensions would apply to notice periods for depositions, hearings on motions, and time to respond or act within a given time period.

Extensions for Fax/Overnight Delivery/Express Mail under C.C.P. § 1013 and 1005(b)

C.C.P. §1013 adds two court days; C.C.P. § 1005(b) (for motions only) adds two calendar days. These extensions would apply to notice periods for depositions, hearings on motions, and time to respond or act within a given time period. This two court day vs. two calendar day difference is an unfortunate one, which seems to invite errors. It is easy to forget which period of time you are supposed to add. Sometimes the result will be the same, e.g., when the next two days are non-holiday weekdays, they are both calendar days and court days. However, when one or both of the next two days fall on a weekend or a holiday, there is room for error.

Extensions for Electronic Service

C.C.P. § 1010.6 adds two court days to notice periods and time to respond or act.

Here’s how these provisions would extend the time within which to respond to interrogatories, depending upon how they are served: service by mail on a party in California – five extra days; service by fax, overnight delivery or express mail – two extra court days; service by electronic service – two extra court days.

Were the extensions applied to service of a notice of motion, service by mail would extend the period by five days; fax, overnight delivery or express mail would extend the period by two days; and electronic service would extend the period by two court days.

It is at this point in the calendaring process that you provide for the extra days. It is imperative that you know where to add them.

Rule of Thumb

When determining the last day to respond to a document not personally served, the “last day” is determined by counting the number of days allotted pursuant to the applicable code section or rule, and then immediately adding the applicable extension of time. For example, if Saturday, November 14th is the 30th day after service of interrogatories by mail, to determine the “last day,” you simply continue counting until you reach the 35th day, November 19th. You do not make any adjustment for the fact that day 30 was a Saturday, because it is not the “last day.” If Saturday, November 14th is the 30th day after service of interrogatories by fax, to determine the “last day,” you simply continue counting two court days, to Tuesday, November 17th. You do not make any adjustment for the fact that day 30 was a Saturday, because it is not the “last day.”

Another Rule of Thumb

When in doubt, serve your responses earlier rather than later, and err on the side of giving more notice rather than less.

As you can see, winding one’s way through the California state court calendaring maze is difficult at best. It certainly gets easier with experience, and simple calculations may become almost second nature. However, given the constant changes in the codes and rules, the potential for human error at every step of the way, and the dire results of a missed deadline, rules-based computerized calendaring should be utilized.

Etymology and Demography of Sonoma County, California

Etymology is the study or the science of words, their history, their origins, their sources, the time periods in which they made it into a specific language or a set of languages and under which circumstances as well as the evolvement and transformation of their meanings. Demography, on the other hand, is the study or science of the very important statistical information about communities, populations, societies or nations. Demography is that part of human history which deals most specifically with mathematical accounts of births, adoptions, deaths, diseases, immigration and emigration, marriages, divorces, and so on.

Due to the obvious fact that it is human population which uses language to name objects, activities, situations and everything else and because each individual society take on or formulates words based on its life experiences, philosophies, traditions and cultures, I contend that etymology and demography go hand in hand.

It is my intention to introduce you to the etymology of California and Sonoma within the context of the demographic markers of the territory which we know today as Sonoma County of Northern California. Let us begin with the larger entity – California. The etymology of “california” has two very distinct theoretical presumptions, both of which stem from the Spanish language spoken by the region’s occupying military and missionary forces of Mexico and Spain. One presumption maintains that California was named by Herman Contes, a Spanish conqueror of Mexico, after a queen named Caliphia who reigned over a legendary island mentioned in ancient Greek Mythology. The second and the more credible presumption asserts that California was named by early Spanish settlers who reacted to the region’s intense heat and called it Caliente Fornalla which means “hot furnace” in Spanish and it later, no one knows exactly when, it transformed to Calenforna and then to California.

The first known reference to a place called California was made in romance novel called “La Sergas de Esplandian” that was written and published in 1510 by a Spanish author named Garcia Ordonez de Montalvo.

The etymological explanation of the name of Sonoma County is based on translations from the tribal languages of the Coast Miwok and the Pomo Indians. Those languages are very similar and their word “sonoma” means “valley of the moon” or “many moons” in English. According to ancient legends of these native Indian tribes, this territory is where the moon chose its permanent nesting. The first known records where Sonoma was mentioned in writing were within the pages of log books of baptisms and they date back to 1816. The first translated version, “Valley of the Moon,” appeared in a correspondence written by General Mariano Guadalupe Vallejo to the Ligislature of the State of California in 1850. Jack London, the famous American writer, brought the English translation of Sonoma to public awareness when he first published his well received novel “The Valley of the Moon” in 1913.

Another school of etymologists came up with a different theory based on the fact that there are two very commonly occurring suffixes in the native languages of the Sonoma County and they are: “tso” which means “earth” and “noma” which means “village.’ Put the two together and you end up with “tsonoma” and its English translation, “earth village.”

Well, there you have it; the etymology and demography of Sonoma County as part of the State of California in a nutshell.

University of Southern California (USC) Trojans Heisman Trophy Winners – 7 Total Recipients

There have been seven football players from the University of Southern California (USC) Trojans who have won the Heisman Trophy. The seven football players that have won the seven Heisman awards are as follows:

  • Mike Garrett, a halfback, won in 1965
  • O.J. Simpson, a tailback, received the award in 1968
  • Charles White, a running back, accepted the honor in 1979
  • Marcus Allen in 1981 became the fourth running back from USC to win the award
  • Carson Palmer was the first quarterback for the Trojans to win the award when he accepted it in 2002
  • Matt Leinart played quarterback for the University of Southern California and received the Heisman award in 2004
  • Reggie Bush in 2005 was named the fifth USC running back to take home the award

With a total of seven Heisman Trophies produced by Southern Cal the institution of higher learning based in Los Angeles, California is tied for the most received by any school. Both the University of Notre Dame and Ohio State University each match the impressive number of seven trophies by a single school. Because Ohio State has the distinction of producing the only two time winner in Archie Griffin Notre Dame and the University of Southern California actually stand together as the only two colleges to produce seven different winners.

The Heisman Trophy is named after football pioneer John Heisman and was first bestowed upon Jay Berwanger of the University of Chicago in 1935. Over the decades the award has become widely accepted as the most highly touted and prestigious individual accolade in the sport of college football. Despite the association of the Heisman being given to the most outstanding college football player, winning the honor has proved to be no guarantee of professional success.

In terms of the seven Trojans players who have had the honor of winning the Heisman Trophy two of those men transitioned from college football to the National Football League (NFL) as the number one overall picks of the NFL Draft in their respective years. The two players chosen with the first pick of the first round in NFL Drafts are Orenthal James (O.J.) Simpson who was taken by the Buffalo Bills in 1969 and Carson Palmer who was selected with the first pick of the 2003 NFL Draft by the Cincinnati Bengals.

Despite slipping to the number 10 overall pick by the Los Angeles Raiders in 1982 Marcus Allen joined O.J. Simpson in 2003 as the only two former USC players to win Heisman Trophies and be inducted into the Pro Football Hall of Fame in Canton, Ohio.

California Fishing

California is the most populous state in the United States of America, but there is still plenty of room to fish. California is broken up into six distinct regions, all with various fishing regulations. California boasts 1,100 miles of ocean coastline, 220,000 square miles of ocean waters, 4,172 lakes and reservoirs, 29,664 miles of streams and rivers, and 1,800 miles of bay and delta waters, California has more fishing opportunities than any other state in the country. With that amount of water available to fish in, California is an anglers dream.

If you’re interested in deep sea fishing, ocean wade fishing, river and stream fishing, or lake fishing for Largemouth Bass, California can accommodate you. California has almost every species of game fish available to the avid angler. From crappie to sturgeon and every freshwater fish in between, California has them. And saltwater fish from mackerel to great white sharks can all be found off of the California coast as well.

As far as freshwater fishing goes, one of the best methods for fishing live bait is a set of gang hooks. A set of gang hooks is simply two small hooks tied in tandem. Small hooks work well, because they are then concealed with in bait quite nicely. In fact, gang hooks are the best way to present a live worm, as well as many other live types of live bait. The biggest strong point is that gang hooks enable the angler to present the bait naturally, rather than trying to thread the worm onto a larger single hook. If you’re bait fishing in California, you may want to give gang hooks a shot,

Remember, a California fishing license is required to fish in the state of California. A fishing license will run you from $37.50 for a resident to $100 for a non resident. If you’re traveling, a two day license is available for less than $20. And if you happen to be going after Steelhead on inland waters in California, you need a Steelhead report card, which is under $10. As you can see, fishing in California isn’t at all an expensive proposition (especially for residents). If you plan on staying in California for the rest of your life, there is even lifetime fishing licenses available, which is really good idea.

The bottom line is if your like to fish, California is an anglers paradise. Any type of fishing that you can imagine is available within the state of California. And with its thousands of miles of coastline, there are good runs of both salmon and steelhead as well. Many states within the United States don’t offer fishing for these wonderful fish simply because of their proximity to large bodies of water. Yep, as far as the sport of fishing goes, California is a hard state to beat.

Southern California Family Vacation Without the Crowds

If you live in Southern California, you know that summer brings out the crowds-visitors from around the country and around the world.. That means it’s hard to go anywhere without running into lots of people and traffic-two main ingredients that makes kids (and parents) cranky.

One place that seems to have held on to its laid-back California charm and has lots of kid-friendly fun is Ventura, particularly the three cities known as VenturaCountyWest (Camarillo, Oxnard and Ventura). Located up the 101 Freeway north from Los Angeles, VenturaCountyWest features uncrowded beaches (with free parking), ocean adventures and tons of easy-to-get-to kids’ summer activities. Here are some to check out.

Channel Islands National Park

Take a tour boat to the Channel Islands National Park out of either Ventura or Channel Islands (Oxnard) harbors. The islands are only 11 miles off the Ventura County coast. On the way, you can see dolphins, seals, pelicans and other wildlife. Hikes, overnight stays, kayaking are all available once arriving on shore. Tours are booked through Island Packers,

Ventura Harbor Village

Ventura Harbor Village contains an arcade featuring an old-fashioned indoor carousel, arcade and a candy shop with more than 20 varieties of fudge (made fresh daily). Families can rent paddle and electric boats to tour the quiet harbor channels. Back on shore, plan on eating at one of the casual harbor side restaurants featuring freshly caught seafood.

Ventura County Fairgrounds’ Raceway

“Midget” cars, motorcycles and all sorts of other racing vehicles take to the track almost every weekend at the Ventura County Fairgrounds in Ventura. It’s all good fun as you cheer on your favorite driver.

Gull Wings Children’s Museum

This children’s museum in Oxnard is very unassuming from the outside, but once inside, the eight and under set will have so much to do and see that they won’t know where to begin. They can dress up as firefighters, doctors or pretend they are astronauts landing on the moon in an Apollo spacecraft. There are snakes to hold, treasure to find in a geological dig and plenty of Legos to build whatever they wish. Kids can try their hand at rock wall climbing or let their imaginations go while in the driver’s seat of an actual car.

Sky High Sports

You won’t find a big sign announcing Sky High Sports Camarillo from the freeway. It’s in an industrial park-it has to be-the place is huge. It’s filled with trampolines with super padded floors and walls. Kids can play trampoline dodge ball and other organized games or… just jump. All under supervision. Sky High also has laser tag. Kids are sure to come out sweaty and tired-a perfect way to spend an afternoon.

Bouldering in Bishop, California

I was breathing heavily and my palms were sweating. I moved my hands and feet up the rock the way the muscles in my body remembered to, and I didn’t dare look down. I told myself I had to make it… and when I finally made it to the top, a massive wave of relief washed over me… And that, my dear friends, was the story of how I climbed my first V0 highball.

There was no grace, there was no finesse, and I’m sure I could have climbed (what is considered the easiest bouldering grade in climbing) with a little more elegance, but Ms. Never-Doing-a-Highball finally did her first highball.

Location: Bishop, California

Coordinates: 37.3635° N, 118.3951° W

Elevation: 4200ft

Type of Climbing: Boulder, Sport, Trad

Geology: Volcanic Tuff, Quartz Monzonite

Known for: Premier Highball Bouldering

Prime Season: Nov-April

Star Rating (out of 5): 5*

It was 4 months into our relationship when David and I went on our first weeklong road trip together. I, for one, believed it was a relationship survival test masquerading as a climbing trip, but what better way to learn if your boyfriend is the one for you than to be enclosed together in a metal box on wheels for 20 hours? Thankfully, the relationship came out alive, and 20 long hours later, we made it to the land of skin-splitting highballs.

The actual town of Bishop is quite big, and the residents and visitors consist of not only climbers, but of other outdoor enthusiasts alike. The locals are blessed to have the popular bakery known as Erick Schat’s Bakkerÿ famous for their original Sheepherder Bread®. For us, their chili-cheese bread was a great way to refuel our bodies after a hard session of climbing rock, although I’m sure many high-performing athletes would have disagreed…

For $2 USD a night, we stayed in “the Pit” campground. Our accommodation unit was David’s Green Honda Element, commonly known as “the Hulk”. The back of the SUV was converted cleverly as our sleeping space, cushioning the hard plastic ground using one tattered, sad-looking Madrock crash pad.

During the week that we were there, we had a simple routine. I called it, the “Routine of the Valley People”… (for no apparent reason other than it sounded pretty frickin’ awesome). The days would always begin with the sweet light of nature’s alarm clock, the sun. After having an easy breakfast of yogurt and cereal, we would clean up, pack up the crash pads, and head straight into town for our first stop. We needed our daily boost of caffeine and our “go-to” was Looney Bean, a coffee shop just off the main road. There, we would update on our social media sites and write back home to let our family and friends we were still alive.

After our morning duties, we went out to play!

There were three main boulder areas that David was most familiar with:

1) The Buttermilks (his favourite)

2) The Happy Boulders

3) The Sad Boulders (my favourite)

On our first day, we hit up the Happy’s. It was pretty overcast that afternoon but the conditions were good. Warmer days made it harder to climb as a result of less friction; cooler days were favourable. The Happy’s was where I climbed my first highball. I wasn’t entirely keen at first, but when one is in the land of highballs, one must climb a highball…

After our first day of preparing ourselves up for the week ahead, we headed back into town and grabbed some essentials, namely food and toothbrushes. Our meals weren’t too extravagant, but they sure beat a lot of other campers’ meals. (That happens quite often when your boyfriend is an amazing chef, even with the most limited of resources.)

On the consecutive days, we would mainly climb at the Milks. This climbing venue is quite possibly the most well known if not most popular area in Bishop. It is home to some of the hardest routes in the world such as the Mandala V12 and Evilution V11 in the milks.

A unique feature of the Milks includes the highballs, which could reach up to 5-stories high at the peak. While highball climbs are ones I stay shy of, it’s breathtaking and awe-inspiring to watch other climbers push their mental game.

During our entire stay, we had two rest days. One was spent at a natural hot spring at a slightly secret location (in which I will only reveal the whereabouts in exchange for your favourite secret location… or “the Google”); the other rest day was spent in a secluded stretch of brush and weeds where we basked in the sun, played around, and drank beers. We also had a game of “pull body hairs out with tweezers”, but it got old real quick.

On some nights, we had big bonfires and invited our neighbours over for beers. One particular night, I pulled out my ukulele and our neighbor Yve brought over her Mandolin. Together, we jammed over the dancing flame and into the night. It’s pretty wild yet clear how one place can bring so many people of different avenues together.

Bishop, hands down, has been one of my favourite climbing playgrounds. It is a land where desert plains are dusted with sand-coloured boulders resembling colossal eggs; where the view from the top is strikingly different yet immensely magical all the same. Bishop, we will see you again some day.

Information About Rightful Compensation to Consumers in California Through Lemon Law

When you purchase a vehicle, how sure are you that it will conform to the warranty norms, and perform well? You trust the manufacturer to deliver.

At times, they do not live up to their promises, and we land up with a defective vehicle. Even with repeated repairs, the vehicle simply does not perform up to the mark. Lemon laws are made to protect the consumers, and California has in place a very strong lemon law, known as the Song-Beverly Consumer Warranty Act.

How to Classify a Vehicle as Lemon under California Lemon Law

If a vehicle, which is under warranty, goes for repair repeatedly, and if the dealer is unable to get it repaired properly, then it is considered to be a lemon vehicle. The number of times it is repaired can be more than once, and it depends on the gravity of the problem.

This law covers new as well as used vehicles in California. It is not so in many other states, where only new vehicles are covered.

You need to meet certain criteria to qualify for this.

  • The vehicle should be purchased from an authorized dealer in California
  • It can be used for personal and family needs
  • It can be used for business needs
  • It can be used by a corporation or a legal firm

California lemon law covers different types of vehicles, and the requirements vary in each case. You will need a legal expert or law attorney to deal with the case. When you seek help from an experienced lawyer to file your claim, he will handle all the case procedures, and negotiate with the manufacturer for the best settlement amount.

When you handle the claim yourself, it is likely that the manufacturer may simply try and delay the process, or even try to settle your claim for a smaller amount. Worse still, you may end up losing money and time. Under this law, lawyer’s fee is payable by the manufacturer, and so you need not worry about the extra expenses.

In most of the cases, settlement is made within a month or two with the help of an attorney. In rare cases, the negotiation fails, and the court settlement takes longer time. Buyback is applicable under lemon law, which means the manufacturer is made to refund your down payment, monthly installments, loan payment, and other procedural charges.

Law for all consumer goods

Other than vehicles, this law covers most of the consumer goods like, television, video camera, computer, monitor, refrigerator, which are used for personal and household purposes.

California lemon law is very strong, and is aimed at protecting the rights of the consumers.

Produce the Note Foreclosure Defense Strategy in California

The produce the original promissory note foreclosure defense strategy in California is the topic of this article. Will demanding that a lender or loan servicer produce the original promissory note as a foreclosure defense strategy work in California? In almost every case, the answer is no. The main reason that production of the original note is not required is that California is a non-judicial foreclosure state. At least the majority of foreclosures in California are non-judicial.

Production of the original note would be required in a judicial foreclosure in California as the Court clerk is required to hand cancel the original promissory note upon entry of the decree of foreclosure.

Non-judicial foreclosure under a Deed of Trust is governed by the provisions of California Civil Code section 2924 which states in relevant part that a “trustee, mortgagee or beneficiary or any of their authorized agents” may conduct the foreclosure process.”

California courts have held that the Civil Code provisions “cover every aspect” of the foreclosure process, and are “intended to be exhaustive,”

Anyone who is under the impression that the “show me the note” defense will work in California needs to consider the information contained in this article. In California, the lender or other company listed in Civil Code section 2924 is not required to produce a Promissory Note to conduct a non-judicial foreclosure which is also known as a Trustee’s Sale. This is due to the fact that the power of sale comes from the Deed of Trust, NOT the Promissory Note.

Anyone using the produce the note defense runs the risk of not only losing in Court, but also blowing their chance to actually show some kind of valid defense to the Judge that might convince them to at least grant a temporary restraining order to delay the foreclosure sale.

Several cases from United States District Courts from various districts located in California have stated that there is NO requirement under California law to produce the original note to proceed with a non-judicial foreclosure. And the company who initiated the foreclosure proceedings can always file a bond to get around any issues of a lost note.

Another key issue to keep in mind is that many Judges are not very inclined to show much sympathy for technical challenges to a foreclosure, particularly when it is clear from the complaint and other documents filed with the Court that the borrower is in default under the loan. In fact in reviewing many of the more recent Court cases, both from the California Courts and the United States District Courts the fact that no documents filed in either the original case or the appeal dispute that the homeowner is not in default is prominently mentioned in the decision.

Later articles will discuss some other common misconceptions regarding foreclosure defense strategy in California.

The author sincerely hopes you have enjoyed this article and found it informative. If you like this article please tell others about it.

Yours Truly,

Stan Burman

Reply to an Opposition to a Motion in California

Replying to an opposition to a motion in California is the topic of this article. The filing and serving of a reply is critical if any opposition to a motion has been made, particularly if the motion is what is known as a dispositive one such as a demurrer or similar type of motion such as a motion for summary judgment.

The opposition to the motion and all supporting documents should be read from start to finish as soon as it is received.

Any reply should specifically respond to any contentions made in the opposition, any contentions made without any supporting authorities or competent evidence should be rebutted in the reply.

All authorities cited in the opposition should be carefully checked, all code sections read thoroughly, and all cases cited should also be read from start to finish. Declarations, if any, submitted in support of the opposition should be carefully reviewed for any possible evidentiary or other objections.

Note that unless the Court has ordered otherwise, the reply must be filed at least five Court days before the hearing. Court days means Monday through Friday, except for Court holidays. Note that some judges do prefer that any reply be filed directly in the department where the motion will be heard. Checking with the courtroom clerk is a good idea. Even if the reply can be filed with the clerk of the court

This deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five calendar days before the hearing pursuant to Code of Civil Procedure Section 437c(b)(4).

The reply should be served by personal delivery or overnight mail. While some judges might not strictly enforce this requirement, many others do. Forewarned is forearmed. See Code of Civil Procedure Section 1005 for more details.

And a well respected California legal treatise states that if the last day to file the reply is a weekend or holiday, filing is due on the Court Day before the weekend or holiday; see The Rutter Group, Civil Procedure Before Trial 9:104.5 (2012).

The Courts of Appeal in California have repeatedly refused to consider the introduction of any new issues or evidence in a reply that was not originally provided to the opposing party. In one California Court of Appeal case, the Court of Appeal reversed a summary judgment where the moving party had submitted for the first time a supplemental declaration containing new facts in its reply papers.

The author sincerely hopes you have enjoyed this article and found it informative.


Stan Burman

Bridging The Gap – Texas To California

I’ve seen so many who have gone under the knife for a chance at a better life that I have come to the conclusion that it is just not worth it. I’m 54, so I can see the effects of time on my face and body but they don’t stop my capacity to create, write or love. All three give priceless value and meaning to my life.

Almost every time I babysat a girlfriend through the experience, it had a dark side. Pain, swelling, bruising, medications and a ‘time off’ from life’s activities was plenty to deal with. But almost each time, during the healing process, the recipient regretted having to surgically alter her body to feel good or acceptable to her world.

Liposuction has caused depression in every person I knew who went through it. I always thought that the body is mourning the loss of a part of itself, even fat. Weight and impossible figures became a plague on our society which lasts to this day.

Here in Nacogdoches (Oldest Town in Texas), I have enjoyed seeing women in town when I go in for supplies who are naturally aging. It isn’t offensive. It’s life on life’s terms, literally. It’s a softening of features. Plastic surgery changes features completely.

There are a few times that I felt surgically altering someone was such a blessing. Ears that stick out look clownish and almost impossible to cover. I’ve known two men who had it done and the results were wonderful. They looked normal, not enhanced.

At 54, I can see where the Botox would go in my face. I’ve also seen why women have collagen in their lips and ‘eye work.’ But, I’m not offended by my face aging. My age doesn’t bother me. And, my world is blooming and opening up more each day. I’m in love with my life so enhancing my physical appearance won’t raise my experience.

Obsession with self-image is like a disease. It distorts a person’s view of the world into a very small version by focusing on something as tiny as lips or a bulge here or there. Thousands of dollars are spent by taking away lines or plumping small areas. Most of the women that I know who had age-reducing treatments weren’t happier or more peaceful afterwards. Most tended to shift their focus to a different area to change.

Weight is an entire discussion but California is at a high threat level. Job opportunities, social engagements and public/private acknowledgement become limited as body weight goes up. It’s isn’t pretty, but I noticed it playing out many times in my 25 years on the West Coast.

Texas women might have some room for improvement. California people could back off the focus on the externals more. A blend of both worlds could be wonderful. One should be proud of personal appearance but not obsessed. Going into town in ill-fitting, stained, ragged clothing, in house slippers with hair bundled and clipped on top is a tired sight here in Deep East Texas. Octogenarians with large, perky breasts and tight faces with hairlines raised oddly high are equally uninspiring.

It’s all about balance. Always has been. Always will be.