Trial De Novo Request After Judicial Arbitration in California

The procedure for requesting a trial de novo after judicial arbitration in California is the topic of this article. The main statutes governing judicial arbitration in California are found in Title 3, Chapter 2.5 of the Code of Civil Procedure, specifically Sections 1140.10 through 1141.31, and Title Three, Division 8, Chapters 1 and 2, of the California Rules of Court, specifically Rules 3.800 through 3.830. The plain English name for a trial de novo is a new trial. De novo is actually a Latin expression meaning afresh, anew, or beginning again.

The filing of a timely request for a new trial results in the case being restored to the civil active calendar and proceeding to trial as if no arbitration had occurred.

However parties need to keep in mind that there are certain drawbacks to a new trial request which are briefly discussed below. And those drawbacks can be very costly in certain cases. Proceeding without seriously considering both the pros and cons could prove to be a huge tactical mistake.

A judicial arbitration award in California is final unless a request for a trial de novo is filed within 60 calendar days after the date that the arbitrator files the award with the Court pursuant to Code of Civil Procedure Section 1141.20.

The time limit was only recently increased effective January 1, 2012. The California California Legislature amended Section 1141.20 in 2011.

The 60-day period within which to request trial may NOT be extended pursuant to the provisions of California Rule of Court 3.826.

The law in California requires that the party requesting the new trial must serve a copy upon all other parties appearing in the case.

It is therefore critical that a timely request be filed if a party is not satisfied with the amount of damages awarded, or the type of relief granted in the judicial arbitration.

One of the main drawbacks of requesting a new trial in California is the fact that if the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of relief granted for the party electing the trial de novo than the arbitration award, the court shall order that party to pay certain nonrefundable costs and fees unless certain exceptions apply pursuant to Code of Civil Procedure Section 1141.21.

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

Sincerely,

Stan Burman

Secrets to Passing the California Insurance License Exam

Like most States, California requires that you pass a government administered license exam before you can hang your shingle to sell insurance. In addition, you must take up to 52 hours of pre-license training, which thankfully, can now be done online. Separate license exams and training courses are required to sell property and casualty insurance versus life and health policies. And, there is mandatory continuing education required every two year renewal period as well as additional, special training classes needed to sell specific insurance products like flood insurance, long term care insurance and/or annuity investment policies.

If your plan is to thoroughly study the State handbooks, read and read again all the materials from your license course and take a cram course on test-taking, I can almost guarantee you still won’t pass the California Insurance Exam. These exams can be tough, since they are riddled with confusing and convoluted questions . . . the trademark of most government or quasi-government license exams. So what does it take to pass? Well, that’s what we cover in this article. And, there is a method to the madness.

First Off, Be Wary of Advice and Crazy Tips

Here is just some of the “buzz” around taking the State Exam. For the most part, ignore these rants and tips:

“Taking a cram class is all you need to pass” (Not true. See cram courses below)

“I was told to skip every question on the state exam. That way, these same questions are locked in and the computer will not spit out more difficult ones.” (A crazy conspiracy theory).

“A live teacher is the only way to pass. They pinpoint the “buzz” words you need to pass. They tell you things that can’t be put in writing” (Bunk . . . classes are monitored by the State. And, you need more than buzz words to pass).

“Use common sense to answer the exam questions.” (It won’t work).

“By process of elimination, you can get to the right answer.” (Works sometimes, but you would have to know the subject to eliminate the wrong answers).

“I earned 90% on my online practice exams . . . I’m ready”. (A lot of these 90 percenters still fail. There are practice exams and there are practice exams. See below).

“People who take online courses always fail”. (Bunk . . . our online school has a very high passing ratio . . . it’s what you do with the material that counts).

“Study the course materials . . . you will pass” (There is a lot more to it. It may be a variation the material you learned that is being asked).

“Just look for certain “buzz” words for the answer.” (The State knows all the buzz words . . . you’ won’t beat them this way).

California Specific

It may seem obvious to many, but be sure that the courses and exam prep materials you are studying are California specific. There are a lot of generic practice exams and courses available online that won’t prepare you for the State Exam or won’t allow you to even sit for the exam. Sign up with an approved California provider and make sure you are taking the right course for the license you want.

The State Exam

The State requires that you complete specific pre-license training BEFORE you can sit for the State Exam. The Certificates you earn from these courses are your “ticket” into the State Exam which are currently given at state office locations in San Diego, Los Angeles and Sacramento.

On the day of the exam, you need to bring proper identification including a current valid driver’s License, passport, military ID, etc. The State Exam is computer-based. There are 75 questions for the Life Only License; 75 for Accident & Health and 150 for Fire & Casualty.

You must score 70% or better to pass. If you fail, you can retake the exam 3 consecutive times for a fee of $41 each. Your 4th try requires a 30 day waiting period. Of course, if you follow the advice of this article you won’t need to worry about failing.

You can schedule the State Exam online at any time . . . just fill out the required license application. But, you must complete the required pre-license training courses needed for the license you want BEFORE taking the exam. And, you need additional time to tackle the remaining procedures we recommend to prepare yourself. Bottom line? Leave at least three weeks before scheduling an exam date.

Test Taking

There are some universal rules to taking any license exam. Basically, you need to become familiar with the testing mentality.

· Make sure to read every single word in both the questions themselves and the provided answers! There are people who fail simply because they didn’t read the question properly!

· Make sure that you understand the gist of the question itself…what are they getting at in the question? In order to answer a question properly, you must understand the idea behind the question!

· Be familiar with the format of the exam. The State Exam is taken on computer. See a sample of how it works on the State’s website here . . . http://www.insurance.ca.gov/sample-test/Sample_Questions-General.htm

· Don’t rush the exam. You have up to 3 hours for the Casualty or Life/Health Exam. Answer all the questions you know. Flag questions you are unsure of or skip them until later. Watch for words like except or not.

Studying Books, Course Content & State Publications

The State Exam is very broad in coverage. There will be many questions on codes, ethics and other insurance topics that you may never need or experience throughout your insurance career. Nonetheless, you have to know them to pass.

Then there are hundreds of pages of pre-license course materials (your 20, 40 and 52-hour training courses). In fact, the State dictates what needs to be covered in all pre-license courses and they publish “Educational Objectives” for each. Now, you would think that if you studied these courses and the “objectives” real hard you would be prepared for the exam. . .right? NOT. Don’t spend a lot of time here.. Sure, you need to read the materials to earn your Pre-License Certificate(s) and there are basics you can learn from these courses, but it is highly doubtful they will play a major role in helping you pass the State Exam.

Cram Courses

There are also dozens of generic guides and cram courses which say they are designed specifically to help you pass the State Exam. Save your money and time. Sure, some may provide some guidance, mostly on test-taking techniques I discussed above, but you still have to know specific learning points to pass. That cannot be condensed into a small book or even an 8 hour cram course. I know, I have taken these classes and wish I had spent the time studying instead.

An Exam Prep Workbook Is KEY!

OK, we’re down to the key to passing the State Exam. Find a proven Exam Prep Workbook. We cannot emphasize how important this is to passing. It’s almost too simple, yet license candidates tend to dismiss the effectiveness of practices exams. DON’T.

A typical exam prep workbook is jammed with up to 1,000 questions and answers, i.e.practice exams. Of course, there are practice exams, and there are practice exams. As I said, find a proven system and ALLOW UP TO TWO WEEKS TO FULLY COMPREHEND AND RECALL THE QUESTIONS AND ANSWERS IN THEIR WORBOOK. Simply reading the workbook one or two times is NOT ENOUGH. Study and recall EVERY QUESTION at least 10 times or more. If you are getting the same questions wrong, highlight them and study them even more.

Don’t Schedule The Exam Early

Don’t schedule the State Exam until you have time to study your Exam Prep Workbook Practice Exams. Your boss and others may be pressuring you to take the State Exam ASAP after your online training, but until you can recall the questions and answers, your chances of passing are slim

Well, that’s it . . you now know how to pass the Insurance License Exam. But, I have a warning: If your mental focus is just to pass the exam, you need to re-focus. Plenty of people pass their exam only to lose their license or get sued making stupid mistakes. Knowing the answers to a bunch of exam questions is not enough . . . you have to know what you are doing with that license and you need to acquire a sense of responsibility and ethics to win customers and stay out of trouble. While these are not the subject covered here, know that they are as much a part of your career as getting your license. So, refer to your pre-license course materials for basic knowledge and use them for reference often. Always expand your knowledge and keep up on current events in the industry.

I wish you the best of luck in a very rewarding field.

What Are A Mother And Father’s Rights In California, When You Are Not Married?

In modern times many couples have children when they are not married. Problems can arise with respect to Child Custody, Visitation, and Child Support when these couples break off the relationship.

In a perfect world the mother and the father are amicable in such a situation, and do what is in the child or children’s best interest. However, it is much safer, and highly recommended, that you obtain Court orders with respect to custody, visitation, and support issues, so that the mother and father each know their respective rights and obligations, and so that there are no ambiguities regarding the same.

This article will discuss the issue of children who are born out of wedlock from both the mother and the father’s prospective to give you a general understanding of the law in California regarding children born out of wedlock.

The Mother’s Prospective

The mother of a child that is born out of wedlock has a unique advantage in that she does not normally have to prove that the child is hers. If hospital records indicate that a female has given birth to a child, and the birth certificate that is issued upon the birth of a child indicates that the female gave birth to the child, than there is usually no issue with the mother showing that she is the paternal mother.

The mother of a child born out of wedlock will automatically be entitled to full custody of a child absent a Court order indicating otherwise.

She may give the father visitation if she so chooses, or she can deny visitation to the father absent a Court order.

All minor children in California have a right to receive child support pursuant to a statutory guideline. (The subject of Child Support will be covered in a forthcoming separate article). If the mother of a child who is born out of wedlock wants to obtain child support from the father, she will have to file and serve a Petition to Establish Parentage on the father, and an Order to Show Cause for child support with the appropriate Court.

If the mother is on welfare or Aid to Families with Dependent Children, the District Attorney in the county in which the mother resides will ordinarily aid in this process so that the County gets reimbursed for the aid that is being provided to the mother by the County.

If a father voluntarily accepts paternity, than the Court will decide each party’s rights to custody, visitation, and child support based upon the facts in the case. If the father denies that he is the father, he may request that a DNA test be done to determine whether he is the father. Once this process is completed than the Court will determine each party’s rights.

If a mother is not sure who the real father of a child is, she will have to file a Petition to Establish Parentage on each potential father.

The Court will ordinarily allow the father visitation or custody rights to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Father’s Prospective

The father of a child born out of wedlock has no rights to Custody, Visitation, or Child Support unless they obtain a Court order for the same.

If a father wants to have rights to custody, visitation, or child support for a child born out of wedlock, the will have to file a Petition to Establish Parentage, and an Order to Show Cause for Custody, Visitation, and/or Support.

The mother of the child may or may not agree that the father is the true father of the child. Either party may request that a DNA test be done to prove whether or not the father is the paternal father of a child.

Once the Court determines paternity, the Court will than look at many factors with respect to rights to Custody, Visitation, and Support.

The Court will ordinarily allow the father visitation or custody rights to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Mother and Father’s Prospective as a Whole

The Court will always try to determine what is in the children’s best interest when determining who will have Custody and Visitation rights to a child or children. This can be a long and expensive process if litigated. It is recommended that a Mother and Father try to informally work out a Custody and Visitation plan for a child or children, and then get a Court Order which reflects the agreement of the mother and father.

If you cannot informally work it out than the Court will decide the issue for you.

Support of the child or children will be determined by the Court using a statutory formula which is based on both parties income, the percentage of time each person has with the child or children, and other factors.

It is always recommended that you retain a lawyer in these types of cases. Only a fool has herself or himself for a client.

You can check out our family law website at http://www.divorce-legal.net for more general family law information.

© 2007

California Pet Friendly Vacations Are Becoming Easier to Find

As both a dog lover and a vacation rental home owner, I have often encountered the subject of travelling with a beloved pet. While just a few short years ago, it was relatively rare to find hotel accommodation that would welcome, or at least, put up with my well behaved and lovable Boxer, Ouzo. Occasionally while we travelled up Interstate 5 in California, we would stop at the beautiful Harris Ranch. One, because it’s a great stop over with beautiful accommodations and superb food, mid way for us on our drive as well. But also, they treat Fido the way WE treat Fido, with love and care! They even provide a small sign to put on your door so people know there is a dog in the room.

Personally, I know that one reason I loved travelling with Ouzo ( now passed on) is because he was so fun to be with! Not at all a hassle, and always very well behaved in any new place. So, when I became the owner of a great vacation beach rental home, it was a no brainer for me to accept dogs. I know that for the most part, if people want to be with their pets, it’s because the pets are nice to be around, and are well behaved.

What should you expect as a pet owner who is travelling through California or who wants to rent a fun vacation property rental? First off, most hotels, motels and California holiday rentals will require a small pet deposit, which will be refundable upon your departure as long as no damage was done. (We know your precious pooch would NEVER damage anything, it’s just like insurance is all!) In over ten years of renting out to dog lovers, I have never had to retain the $50.00 per pet deposit I collect.

Dog friendly may mean different things to different people. Be sure you know just what to expect before you book the hotel room or holiday home. Ask questions about things such as floor coverings, as this can be important for your dog’s comfort. Plan to bring along some of your pet’s familiar things to make them feel at home – toys or bedding for instance. Many pet friendly places do provide dishes and water bowls for your pet, but think about bringing something familiar here as well, to add to the comfort and lessen the strangeness of new surroundings.

Check out in advance a good place to walk the dog, the owner or booking agent should be able to provide that info. Our vacation home offers a beach accommodation. If your visit is to a beach vacation house, make sure you know in advance that the beach is dog friendly, as well. Many California beaches do not allow dogs. Our beach, Dillon Beach, in Northern California, allows dogs to run free at water’s edge, which they just love! Nothing like a day chasing birds at the shore to make for a tired and happy dog at the end of the day! Having fun together and relaxing in the evening is what I want for my guests and their “kids”, even the 4 footed kind!

History of the California King Bed

The California King Bed is a relatively modern addition to homes across the globe. Beds have been created and recreated ever since humans first needed a place to rest their heads. By the 1960s though, humans were no longer creating beds of leaves and twigs to place on the forest floor. They weren’t stuffing mattresses with hay, either. Humans began to crave luxury, and by this time, the fortunate could afford it too. So how did we get here? How did beds go from dirt to huge, soft sleeping places?

The Bed’s Humble Roots

The very first beds were little more than leaves, animal skins, and whatever else our primitive ancestors could find. Eventually, however, as human beings became less nomadic, beds developed into structures that kept people off the ground. The first “lavish” beds were the beds of Egyptian Royals. Long stone staircases lead to these beds, which were often shrouded by sheer curtains. These ancient beds even had pillows and possibly the first headboards. The Egyptians made the bed a place of luxury as did the Greeks. In Homer’s famous epic, The Odyssey, Odysseus, a king, builds his wife a beautiful, jewel encrusted bed. Even in these ancient times, royalty slept in lush and ostentatious beds.

The Kings and Queens of California

Just like the towering beds of the ancient Egyptians, the California King Bed was designed for the elite. These “elites,” were far different from the pharaohs, though. In the 1950s, the king sized bedstead was sold as the largest bed on the market. In the 1960s, this newly adapted California addition was born. Los Angeles furniture companies crafted these gigantic beds specifically for celebrities. These huge bunks, a full 4 inches longer than the king, were perfect for taking up space in the enormous mansions of famous celebrities. They acted as a status symbol of luxury.

Everybody’s a King

Today you don’t have to be rich and famous to have a bedstead fit for a king. In fact, since the 70s, these large beds have become a popular piece of furniture in homes across the globe. European variations, the Eastern king bedstead and the western king bed, even became popular during the 70s and 80s as private mattress companies transformed the mattress for international sale. If you need a little extra room for your feet, or if you simply want a bed fit for a king, the California king bed could be just what you need.

Waiving a Statutory Bond or Undertaking Requirement in California

A court order waiving a statutory bond or undertaking requirement in California is the topic of this article. While that may seem incredible the fact is that the California courts do have the power to waive the posting of a bond or undertaking, in whole or in part even if required by a particular statute. That could prove to be very advantageous in certain situations as even a reduction in the amount of bond or undertaking required may allow a poor litigant to proceed with their lawsuit.

The California Supreme Court has stated in one case, “In a long series of cases… our court has explained that, despite the apparent mandatory character of a variety of statutes calling for the payment of litigation fees, California courts retain a common law authority to dispense with such fees in the case of poor litigants.”

If an injunction is granted, an undertaking is required pursuant to subdivision a of Code of Civil Procedure section 529. However, a trial court does in fact have discretion to relieve an indigent plaintiff who cannot post an injunction bond under section 529.

A waiver of an injunction bond may be easier to obtain than waivers of other bonds as a very good argument can be made that permitting a waiver of an injunction bond is even stronger than permitting waiver of a cost bond, because with the injunction bond a litigant who is relieved of an undertaking has already prevailed on any substantive issues before the trial court so there is less chance that the opposing party would be injured by any waiver of the bond requirement.

It should be noted that a California Court of Appeal has also ruled that the courts are not required to waive undertaking requirements for indigent litigants in all cases.

The common law authority of the Courts to dispense with the posting of a bond, either in whole or in part, has been codified by the California legislature pursuant to Code of Civil Procedure ยง 995.240.

A California litigant who has obtained a fee waiver order from the court has a much better chance of obtaining a waiver or substantial reduction of a statutory bond requirement. In one case a California Court of Appeal reversed a trial court’s dismissal of a lawsuit for failure to file an undertaking required by California law because the plaintiff resided outside the state. In reversing the trial court’s dismissal of the plaintiff’s lawsuit, the Court of Appeal stated that because the plaintiff had obtained a fee waiver order the trial court acted arbitrarily and capriciously in refusing to either vacate or reduce the amount of the undertaking.

To view the entire text of any of the code sections cited in this article or any other California code section use the link shown below.

http://leginfo.legislature.ca.gov/faces/codes.xhtml

Anyone requesting a waiver or reduction of a statutory bond requirement should state in their supporting declaration enough specific facts to support their request as failing to do so may result in a denial of their request on the grounds that any declarations are conclusionary and lack enough specific facts to support their request.

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

Sincerely,

Stan Burman

California Living Trust Transfers That Invalidate Your Title Insurance Policy

We all need California Living Trusts. They are the best way to avoid probate. Probate is that expensive attorney-fee intensive process you must endure if you don’t have a living trust in California. In fact, Probate can cost over 10% on just your house alone (around $23,000 on a $200,000 home). And with high home values in California, the average home costs around $37,000 in Probate Fees.

When using a living trust in California; however, the trust must be funded. This means we transfer title from ourselves into the Living Trust using a deed. Whether it’s a grant deed or quitclaim deed, it usually goes something like this:

Grantor: Joe Smith, an Unmarried Person

Grantee: Joe Smith, Trustee, Joe Smith Family Living Trust

This is called a voluntary transfer, but on certain title policies, they may drop you, resulting in a loss of coverage.

This is because the Court found that a voluntary transfer occurs when title is transferred by individuals, like in the above example, as trustees of their revocable living trusts.

It’s likely that many property owners don’t even realize their property is affected.

There is a way to find out. Unfortunately, each title policy has its’ own unique provisions. These problems are primarily found in American Land Title Association (ALTA) and California Land Title Association (CLTA) policies.

ALTA policies dating back to 1970, 1987, 1990 and 1992 exclude voluntary transfers as does the CLTA Standard Coverage Policy 1990.

These policies specifically EXCLUDE voluntary transfers. There are others, too, you just have to check.

So the takeaway here is to ensure your title policy is still intact after a voluntary transfer of title from a person to a California revocable living trust.

What’s the big deal with the Title Policy anyway?

The title policy is what insures you have clear title and you will need it when you go to sell the property. For instance, fast forward, five years later. You are selling this very home and it’s in escrow. The title company mutually selected by the parties to the real estate sales contract says there’s a problem. This is the beginning of a very long and involved process to cure the defect. And the chances are it will be more than just transferring title back the person prior to the trust because that will be another voluntary transfer.

Many people simply toss that title policy into the real estate purchase folder and forget about it. But now is the time to get it out, dust it off, and check for the voluntary transfer exclusion clause.

California Bans Non-Disparagement Terms in Consumer Contracts

Can you be sued for saying you did not like a product? Or because a business did not like your negative review on Yelp?

It has happened, and now California lawmakers have stepped in and banned the practice.

The issue involves non-disparagement clauses. A non-disparagement terms in a contract prohibits someone from making truthful, but negative statements about a business, its employees, or products.

For example, if you write a review about your experience at a restaurant saying the service was slow, the food was cold, it was over priced, and give it one star, that is a negative review. These are disparaging comments about the restaurant.

Compare disparaging comments to defamation. If you slander or libel someone that means you have made factual statements about them which are false. Untruthful statements are still against the law in California if defamatory, and you can be sued for making them.

What was happening is bad businesses were seeing negative reviews appearing online on popular websites like Yelp. To stop negative reviews, and to only have positive reviews appear, businesses were including terms in their online purchase contracts which state the consumer can not make any disparaging comments about the company.

Often, the abusive contract would include a term stating the customer automatically owed thousands of dollars in penalties saying anything negative about the business. The customer could also be required to pay the company's attorney fees.

When a negative review appeared the company would threaten the consumer with thousands of dollars in damages without their removed their review. Sometimes businesses actually sued it this had generated some publicity.

The new law in California creates Civil Code section 1670.8. The law states a business can not longer include these terms in a consumer contract. This is a contract for the sale of consumer goods or services. The new law does not apply to business to business contracts.

The new law provides it is illegal to have a non-disparaging clause in a contract, or even in a proposed contract.

A business also can not try to enforce such a term, or threaten to enforce it.

If the business violates the law the consumer or the California Attorney General can sue. For a first violation the penalty is up to $ 2500. The penalties increase for consequent violations.

Additionally, if the violation is intentional, which will usually be the situation, another $ 10,000 in penalties can be recovered.

These are in addition to any other damages allowed under the law.

Finally, California says this is an important public policy issue and a consumer can not be required to waive the law. Any waiver is void.

The bottom line is California now imposes stiff penalties for any business who tries to prevent its customers from saying what they really think about their product or service.

Filing a Motion to Quash Service in a California Unlawful Detainer (Eviction) Case

This article will discuss the filing of a motion to quash service in an unlawful detainer also known as eviction case in California.

The first thing any tenant who has been served with a summons and complaint should do is determine if they were properly served or not. If the summons and complaint were not served in a statutorily authorized manner than a motion to quash service of the summons and complaint may be filed to request that the Court determine that the service was defective and should be quashed. This will force the landlord to reserve you correctly.

Here are some examples of what some judges would consider defective service.

1. Leaving a copy of the summons and complaint at the front door or attaching to the door knob and then claiming that the tenant was personally served;

2.Posting a copy of the summons and complaint on the front door without obtaining a specific order of the Court to do so, and

3. Not strictly complying with an authorized form of service such as handing a copy of the summons and complaint to another person at the residence without also mailing a copy of the summons and complaint to the tenant as required by law.

You MUST file a motion to quash if you want to object to the service of the summons and complaint. If you file any other type of response instead of a motion to quash you have waived any right to object to the service. See Code of Civil Procedure Section 418.10(e)(3).

California Code of Civil Procedure Section 418.10 states in pertinent part that a defendant may file a motion to quash service of summons on the ground of lack of jurisdiction of the Court over him or her. The main grounds used are that the service on the defendant was defective as the Court does not acquire jurisdiction over a defendant unless proper service of the summons and complaint has been made. This is true even though the defendant may be a resident of California.

Note that the motion to quash in an eviction case must be set for hearing within 3-7 calendar days from filing of the motion. See Code of Civil Procedure Section 1167.4(a) and California Rule of Court 3.1327(a). If the motion to quash is served by mail the hearing must be set between 8-12 calendar days because of the additional 5 calendar days required by the provisions of Code of Civil Procedure Section 1013. See California Rule of Court 3.1327(a).

If there is a Court holiday in that time frame then the clerk might give you a later date. Do not schedule your hearing date past the time frame I have mentioned, unless the clerk of the Court schedules otherwise.

You do NOT want the Judge to think that you just filed your motion to quash to buy time. If they do think that then you will most likely lose the motion to quash and the Judge will look very closely with a jaundiced eye at any other type of motion or answer that you file later in the case.

Some Courts only hear motions to quash one day per week, while others hear them several days a week, and some hear them Monday through Friday. Check with the clerk of the court where your case has been filed to find out which days and times, and in which department, the motions to quash for eviction cases are heard.

A Motion to Quash Service is a “special appearance” meaning that it does not admit the Court’s jurisdiction over the defendant.

Case law in California is well settled that once a defendant files a motion to quash service that the plaintiff has the burden of proving that the service was valid.

Once a defendant files a motion to quash the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the court’s jurisdiction over the defendant.

The Courts in the State of California have ruled that a defendant is under no duty to respond to a defectively served summons.

And a defendant is under no duty to respond to a defectively served summons and may stand mute until a plaintiff makes a showing of the validity of the service to the satisfaction of the court.

This is particularly so when the defendant was served by “substituted service” as the statutes allowing such service are strictly construed..

Statutory provisions for substituted service must be strictly complied with, and statutory conditions upon which such service depends will be strictly construed.

And in an Unlawful Detainer action a Motion to Quash Service may still be filed even though the defendant may actually have notice of the lawsuit!

Even when the defendant tenants (and/or subtenants) actually received summons and complaint and otherwise have actual notice of the lawsuit, a motion to quash will lie if process was not served in a statutorily-authorized manner.

Please note that the author of this article, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this article is NOT intended to constitute legal advice.

These materials and information contained in this article have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this article is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.

California Earthquake – Psychic Prediction

Most of us who live in Southern California are aware that a major earthquake is bound to occur within the next 10 years. We look toward the scientist to inform and prepare us for those dreaded earth quake strikes.

I would rather not talk about the “big one” that has been expected to occur for decades because these sort of predictions tend to ignite deeper fears in our already fearful position in these earthquake ridden regions. We have heard and read about the big quake that is bound to happen so much that we have become desensitized.

There are dozens of meanings one can perceive from a psychic vision. This is why they need to be considered hypothetical in nature, worthy of study and reference but not taken as verifiable. However, psychic visions of an apocalyptic earthquake in southern California are being forecasted by reputable psychics much too often to ignore and remind people of the very real seismic dangers in the region.

Although I predicted a sizeable earthquake this year in my 2009 Psychic Predictions, the big one is about a year or two away. I keep seeing the year 2011 like a pulsating animation within visions of major earth shifts in my home state of California. Dates perceived in months or years could be argued to have limited value in forecasting a time because we psychics move our consciousness in large spans of time and cover broad areas of locations and events. On the other hand, the numbers 2011 is a significant part of the psychic vision.

Earthquake ridden fault zones are located throughout California but the areas in my vision are moving in the southern regions of California, from the outskirts of San Diego, the deserts, off shore Long Beach, Los Angeles, San Bernardino and Riverside Counties. The magnitude does not seem as significant as the amount of confusion in the collapse and destruction of buildings, structures, moving vehicles and machinery.

Earthquake preparedness may be mundane topic every year but how many of us are prepared? Contact the national CDC for information on how to survive in earthquakes and disasters, the more you educate yourself, the better prepared you become and you just might save the life of someone else as well.