VCieLaw Virtual Law Library-California Civil Procedure-Actions

The law of agency deals with liability of AGENTS, SUPERIORS AMD EMPLOYERS rights , responsibility and liability.

An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.

Obligations of Principal to Persons Dealing With.

Principal—Capacity.Any person having capacity to contract may appoint an agent, and any person may be an agent. Special Agent.An agent for a particular act or transaction is called a special agent All others are general agents. Kinds of Agency.An agency is either actual or ostensible. Actual Agency.An agency is actual when the agent is really employed by the principal. Ostensible Agency.An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him. "Prlncipal and Agent'Authority or Acts Delegable.An agent may be authorized to do any acts which the principal might do, except those to which the l Statutory Limitation.Every act which, according to this Code, may be done by or to any person, may be done by or to the agent of s Acts in Fraud of Principal.An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected aRatification—Relation Back.An agency may be-created, and an authority may be conferred, by a precedent authorization or a s"Principal and Consideration for Appointment.A consideration is not necessary to make an authority, whether precedent or subsequent, . Oral ~uthorization.An oral authori,- ion is sufficient for any purpose, except that an Jthority to enter into a contract required by . Ratification—Requisites.A ratification can be made only in the manner that would have been necessary to confer an original a

Partial Sufficient.Ratification of part of an indivisible transsaction is a ratification of Prerequisites.

A ratification is not valid unless, at the time Void Acts.No unauthorized act can be made valid, retroactively, to the prejudice of third Rescission.A ratification may be rescinded when made without such consent as is Authority Limited to Appointment.An agent has such authority as the principal, actually Actual Authority.Actual authority is such as a principal intentionally confers upon the Ostensible Authority.Ostensible authority is such as a principal, intentionally or by wGeneral Statutory Authority.

Every agent has actually such authority as is Specified.An agent has authority1. To do everything necessary or proper and usual, in Discretion of Agent.An agent has power to disobey instructions in dealing with the pGeneral or Special Terms Conferring.When an authority is given partly in general and gf General Terms Limited.

(Authority of AgentsAuthority to sell and warrant—Personalty. —Realty. To reeeive payments—General agent. Limitation of Liability.A principal is responsible for no other wrongs committed by Obligations of Agents to Third Persons Law governing. . Implied Warranty of Authority.One who assumes to act as an agent thereby warrants, Acts for Which Agent Personally Liable.One who assumes to act as an agent is responsible Benefits Belonging to Third Person.If an agent receives anything for the benefit of his Delegation of Agency Powers Delegable.An agent, unless specially forbidden by his eConnection Between Principal and Sub-Agent—Unauthorized Appointment.I and l aLawful Appointment.A sprincipal in like Revocation—Death or incapacity of principal. Absentee principal—Actual kno~qiedge of death, incapacity, or revocation.. Methods n agency is terminated, as to every person

Civil procedure deals with the court procedure and process.The rules for the prseution of a civi complaint; actiin through the formasl courty ptercess. Parties , commemcement of actuions , tiome limitatioms , within which actions must be commenced and other docum,ents filed with the court or serverd on the opposin g oarty, pleadings and the use of forms , allegationms esential to state a cause of action and document form requirementsd and filing requirements , preserving the record for appeal . motions -demurrers, motion to strike , summery judgments, , judgment on the pleadings. , motion to compel discovery. consoplidate,

The principle pof pleading under the code system and the ferderal rules of procedure. pretrial discovery, dipositions, interratories, production of documents, motions to compel discovery Modern trial practice including venue, procerss, the jury, suffeciency of evidence, preponderence of instructions, in jury trials , verdicts, motion notwitstanding the verdict. motions for new trials , judgments, appeals procedure.

Spercvialized business tcontractual transactions used in financing, delivery and selling goods and commercial establisnments (business entities). in thge the commercial enviroomnment. Federal Regulation and State Authority, Individual Liberties: An Overview, Substantive Due Process, Satate Action, Procedural Due Process--The Requirement of Fair Adjudicative Procedures, Equal Protection, Congressional Enforcement of Civil Rights, Freedom of speech, Freedom of Religion,

commercial law that deAles subjectds and contracts and transaxtion civered in the commercuiooa l code . fo using on secur4d transactions commercial transaction deals with the unifrom commercial code. commercial financing mechamnisms and transactions usoong personal property as secujrity.

Documnetary regarding the use of wharehiuse receipts, dock warrants and bill of lading, bulk sales and letters sof credit, and standby letters of credit. secrred and unsecured .

judicial review, federal jurisdiction, , sources of nationasl aythoirity, the federal commerce power, , federal fiscal powers international aqffirs, the president and congress, the commerce clause and restrictions on sate regulatory powers,

powrs of government, divisons of govrtment contution asnd bill of rights . the limitayions

Comnstitutional provisions dealing with indivisual rights and including freeedoms of expression, association andf religion, equal protection , right of privacy, and other fundemental ri9gths; constitutional poeers to enfcorce individual rights.

Definition- abinding agreement between persons or pArties. contract may be eiyther written or oral. oofficer and acceptance

The law of cintracts dealing with the problems of formation, operation and termination. parties

al interaction social and business are contracts. a contracts is between two parties. formal writen and oral

methods of termijnation including , satsfaction, recisssion, nivation, revocation,

substantive crimes agaist property , crimes agaibst personn and government. misdemeanor and felony distinction.

procedural adminstration of criminal justice systewm. filing , e definition and lements of crime., filing of comp[laint, parraignmemt pleading,

a survery of pretri; and trial procvduire, The laq w of arrewst. search and seazieure, pre trila, motionms, plea gbargaininging, jury trial and double jeopardy.

federal and state Definiton and elemenyt os a crime, police, pre-trial process in criminal justice. pleaa bargainig and criminakl sebticing senticing

the law of arrest , evidence and objections to evidence, eaarch ans siezure , electronic eavesdropping, , imterrogation, identificatoin, entyrapment, pre-trial motions, and hearings, plea bargains, pretriual conference preliiminary hearings, grand jury indictements, jury trials and double jeopartdy.

formation and operation of the corporation, division of powers, responsability between shareholders diretorsa and officedrs , distinction between publicly held nd the close or private corporationds , fiduciary duyies and dissolution.

corporate ventures especially with emphasis to the relationship of the partiscoipanmts, to fiduciary principles governog those realationships, in detailed,-transacton -specific-contrext.

The law of evidence deal with the admissability a ex clusion of b of things offered by a party in a trial in supprt of his contentions . the code provides for sprcific objections erceptikon . Thse spercifice rules are set forth - provided in the evidence code.When omn eobjects to evidence it is done so on the basis of a s-pecific provision of the evidence code.-citin the specific section of the evidence code.

priveleged communications , sel incrimination , opinion evidence , expert testomoney, cross-eexamination and impeachment

study the development if kings courts, courts of chancry , development of forms of pleading religious influence, solution of legal problem where monetary damages were not a satisfactory danmage.

Equity is the law tahrt providescom[pensation injunctive relief . act or omission where monetary damages are not aqdequate or practical or can not mbe ascertained. Exam0-le - abatement of a nuiesance

common law, statutory, federal constitutional principles relating to the formqation an d disso;luyiooon of fami,ies.

limiyts of staer regulation to regulate intimate relationships. Regulation of sreproductiver rights, adoption, marital ansd marital choice, dissolution and consequences, the doctrine of family privacy,

comminiyy propert, , separate propery , CUSTODY and support, paternity, illigitimacy , and child neglect, family privacy

admonstritation of decedsents estates and distribution of the estate through the dformal court process, the function of executors and administrators

deals with ownership rights and obl and tansaction relatin to real property.

adverse possessaion , possery estates in land, future interests, marital property, concurrent estates, easments and covenents, and land use plannhing

The word is derived from the Latin "tortus" or "twisted." : a tort is conduct which is twisted, or crooked, not straight. "Tort" was at one time in common use in English as a general synonym for "wrong." When it faded out of common speech, it remained in the law, and gradually acquired a technical meaning. Broadly speaking, a tort is a civil wrong, an act or oimission causing injury to another , other than breach of contract, for which the court will provide a remedy in the form of an action for damages. , - a tort is a legal wrong, for which the law will give a particular redress., in the form of damages , restitution or an injunction.

3. a natural outgrowth or incident." A tort is an act or omission which unlawfully violates a person's right created by the law, and for which the appropriate remedy is a common law action for damages by the injured person."

It is not crime, it is not breach of contract, it is not necessarily concerned with property rights or problems of government, but is the occupant of a large residuary field remaining if these are taken out of the law. In the first place, tort is a field which pervades the entire law, and is so interlocked at every point with "Although an action for damages is the essential remedy for a tort, there may be and often are other remedies also. In an action for a private nuisance an injunction may be obtained in addition to damages. In an action for detention of a chattel an order for specific restitution may be obtained in certain cases instead of judgment for its value.

an acivil action dfor a wong or interference with yoiur right by a person for for which the comensation for dam ages and injunctive relief. ththe mprimary torts are, assault, battery, negligencce, invasion of privacy, dfamation 9 libel and slander , premises liability, nuisance.

9. Limited Duty10. Owners and Occupiers of Land 1. Negligence: Defenses JOINT TORT FDEASERS

Imputed Negligence Strict Liability for Physical Harm to Persons and TangibleThings From Accidental Invasions Compensation Systems NuisanceTort and Contract ~

Products Liability Misrepresentation and Nondisclosure -Defamation -PrivacyMisuse of Legal Procedure Domestic Relations _

personal , estate, aindividual and corporate tax avoifdance. studyb of federal estate and gift tax laws and how they operate

ESTATE AND GIFT TSAXATION--A BASIC STUDY OF FEDERAL ESTATE AND GIFT TAXES THROUGH TESXT AND CODE,

a basic study of the federal and esat e gift tax laws, qnd how the operate on , and effect planning, planning, for gratitutious, intervivos trsansfersand testmenmtary transfers.

The law OF INTESYTATE SUCCESSION, ; The NATURE , CRQATION, TERMOIJNATION, OF TRUSTS. PROBLEMS OF CONSTRUCTION, ; ADMINISTREATION OF TRUSTS AND DECEDENTS estates .

formation of wills rights of hiers , conflict of interest, defective wills, living trusts will contests, ruiles on testate and intestte succession, accountings, r4ights of hiers.

GIVE THE NAME AND ADDRESS OF ANY BANK OR SAFE DEPOSIT COMPANY IN WHICH SUCH SAFE DEPOSIT BOX IS MAINTAINED

PROPERTIES HAVE YOU AN AUTOMOBILE DRIVER'S LICENSE DO YOU OR YOUR WIFE/HUSBAND OWN OR HAVE ANY INTEREST IN ANY OF THE FOLLOWING, EITHER IN THE STATE OF CALIFORNIA OR ELSEWHERE: REAL ESTATE

STOCKS, BONDS, OR OTHER SECURITIES OF ANY DESCRIPTION, EITHER IN YOUR POSSESSION OR HELD BY SOMEONE ELSE FOR YOU

MORTGAGES ON REAL OR PERSONAL PROPERTY PROMISSARY NOTES, DRAFTS, BILLS OF EXCHANGE OR OTHER COMMERCIAL PAPER

LOANS AND OBLIGATIONS WHAT ARE YOUR AVERAGE MONTHLY EXPENSES AND HOW ARE THEY MET

DO YOU KNOW OF ANY MEANS BY WHICH YOU COULD SATISFY THIS JUDGMENT, EITHER IN WHOLE OR IN PART, OR BY INSTALLMENT

PRIMARY SOURCES OF LAW

In many case the legislative

enactment's are a codification of

INTRODUCTION ‑ TO THE common law principles ‑‑ principles

AMERICAN JUDICIAL SYSTEM that were a part of the early English

common law. It is therefor necessary

Origins of The Primary Sources of to at least have some notion of the

Law : development of the common law principals of law in order to understand their modern day application.

The primary sources of law originate from the United States Constitution, The Bill of Rights and the State and federal court interpretations, State Constitution, Legislative Enactment's and supreme and appellate court decisions interpreting the provisions. The underlying basis for the American judicial system is the English Common Law and its progeny as adopted by the United States court decisions.

The Primary sources of law are the United States Constitution , State Constitution , Federal Statutes, State Statutes, City and County ordinances Regulatory Decisions and Administrative Decisions, Local state and federal legislative Enactment's that infringe on constitutional rights are unconstitutional. The primary sources of laws taught in law schools as a specific subject.

The United States Constitution provides for the protection provides safe guards and protection for basic rights. The Bill of Rights also creates substantive ands procedural safeguards insures that minimum standards of notice and the right to be heard and to have your day in court protections. This is referred to as due process. Essentially it provides that a person can not be deprived of his

rights without due process. 14

The legal principles are taught in law

schools as part of the major primary fields of substantive and procedural law. The prosecution of a claim for damages and injuries resulting from the act of another ‑against the defendant through the formal court process is a combination and integration of legal principles from these various primary fields of law.

THE PURPOSE OF THIS CHAPTER

The purpose of this chapter is to provide a general introduction to the legal system and general principles of law that are universally applicable to the American judicial system and are the foundation of the American system of jurisprudence. An understanding of the origin and the foundation of these legal principles will provide the reader with and under‑standing of the legal process and the application of historically evolved legal principles and the application and influence of these principles in today's modern legal CODE SYSTEM.

The United States Constitution

The United States Constitution is the supreme law of the land and provides

basic protection and guarantees which must be observed in the judicial process. This does not mean that the courts are vigilant to your rights and will make every effort to protect and observe your rights. The contrary is true. The courts today are only minimally concerned with individual constitutional rights and protections.

The trend is to try and minimize and curtail your individual rights and to totally ignore and repress these rights. It is the individual who must be vigilant and insist in his constitutional rights at each and every step of the judicial process and not be easily put off when the courts began to trample on your constitutional rights. You up make every effort within the judicial process to stand up to the judges of the courts and insist on your constitutional rights. If more individuals stood up for their rights ‑it will benefit the entire society and eventually the courts will began to acquiesce to the right of the individual.

The Bill of Rights.

The bill of right s ‑‑ the first ten amendments to the constitution are the primary source of individual rights and protections.

The Legislative Enactment's are categorized into codes. These codes and the Supreme both state and federal and appellate court decisions that interpret them are the primary sources of law. The decisions are the principles of law that are cited as authority in the particular fact situation.

California Codes

Standard Code

The standard codes are the black letter law with out analysis or interpretation. The standard code simply has the code and a brief legislative history.

Annotated Code

The annotated code has either or both commentary and case analysis after the particular code section. The cases interpret the code and give and indication of how the code is applied to various legal fact situations. The annotated code is a useful research tool and a n excellent source of authority to support any issue that depends on the interpretation of a code section or for application or meaning of the code.

SIMPLICITY OF THE JUDICIAL SYSTEM:

This chapter is a brief general discussion regarding the law, general principles of law in the judicial system and society. The judicial system is simply a collection of general principles, statements, documents, procedures and concepts, which are applied in the analysis of any factual or legal set of facts or situation. The only thing a lawyer knows and the only thing that sets him apart from the non lawyer, by virtue of his education is how to define the particular fact situation and apply the relevant legal principles and where to look for answers if he does not have the answer at hand.

The lawyer learns to define and categorize the legal or factual situation to ascertain the applicable legal principles and how to apply them and how to use the law library as a resource.

Legal jargon which the courts and the legal profession perpetuate in self interest mystification is simply the attachment of names and labels to the various principles, procedures, documents and concepts.

STANDARDIZATION OF LEGAL PRINCIPLES:

The practice of law is simply the application of standardized legal principles to particular fact situations. The practice of law is nothing more or less ‑there is no mystery to it ‑ simply the application of standardized rules of law, and standardized principles of law and procedure.

With the aids of this text you will ‑‑in some cases have a superior knowledge to most attorneys and at a minimum have sufficient knowledge to settle your own motor vehicle accident personal injury or property damage claim and protect your legal interest and rights.

THE TWO MAJOR DIVISIONS OF THE LEGAL SYSTEM:

GENERALLY the law is divided into to major categories with sub‑divisions in each major category. The two major categories are substantive and procedural rights.

A. SUBSTANTIVE RIGHTS: Civil Code

A substantive right is the basic right to maintain a claim against a person or entity for a violation of an individual right as protected by constitution, statute or case law. It is the right to maintain an action against a person for a violation of the judicially recognized and protected right or interest and is generally denominated a CAUSE OF ACTION. In the California code system generally the common law substantive rights are set forth and codified in the Civil Code.

FOR example a person has the right to be free from the negligence of others and when a person is injured as the result of some one's negligence that person has a cause of action against the negligent person. The right to seek remedy for the wrong is a substantive right.

B. PROCEDURAL RIGHTS: Code of Civil Procedure

Procedural rights is a system of rules and procedures for the processing, prosecution, protection and enforcing a substantive right. Procedural right provide the procedural rules by which a substantive right is formally prosecuted through the formal court process‑ the judicial system. In the California code system the procedural rule are codified in the Code of Civil Procedure.

FIELDS OF LAW:

The two major categories are divided in two what may be called fields of

law. For example substantive rights are divided into such fields of law as property rights, such as contracts and property law and personal rights such as negligence and defamation. there are several others and these two are only cited as examples.

Procedural rights has several categories such as pre trial, motions, trial and enforcement procedures. For example procedural rules determine when a complaint must be formally filed in the court and how that particular is moved along through the court process.

Each of the fields of law will be discussed in detail below throughout this text. The discussion of legal principles in this chapter will relate to the judicial system in general so that the reader will have a working knowledge and an understanding of the legal system.

GENERAL PRINCIPLES OF LAW:

The American system of Jurisprudence is based on general principles of law that developed from the early English common law. General principles of law should be distinguished from statutory regulations and ordinances. Principles of law started out as a solution t a particular case and eventually underwent a mutation to an accepted general principle of law.

The general principles of law evolved historically through the evolution of case law and after the concept was universally recognized and accepted it muted into an established principle. The general principles have a time~e,~s

feature about them in that the same principles that governed the early English common law govern the modern judicial system

HISTORICAL COMMENT ‑ A HISTORICAL PERSPECTIVE TO UNDERSTANDING TODAY'S MODERN LEGAL CODE SYSTEM

The American Judicial is primarily based on the English common law and the principal or precedent and Staire Decisis. The common law was the system of law that existed in England during the thirteenth century. The common law in the was a system of law based on the decision of the courts of law. The decisions became established principles of law and the established decisions were recognized as legal precedents.

To foster the notion of predictability and uniformity and reliance on the law in a developing commercial society, the courts established the principle of Staire decisis When our Fore Fathers, the first settlers came from England, they brought the common law from England with them and it was applied then and is still applied and the foundation of the American legal system.

WHAT IS THE COMMON LAW

The common law was the system of "case law" that developed in England during that country's medieval and renaissance period. The early decisions of the kings courts and the courts of chancery had the effect of and were regarded as the law. These two institutions established general

principles of law regarding individual rights and duties.

A THE KINGS COURTS

The common law developed in the eleventh and twelfth centuries and the common law actions began in with a petition asking the king to interfere and secure justice . this system developed into the system to original writs issued out of chancery, authorizing the kings court to hear the case.

The common law was limited to a restricted form of actions limited established types of cases. The remedy in these established cases was limited to MONETARY DAMAGES. the PROBLEM WITH MONEY DAMAGES IS THAT there are many cases where money damages are not a practical or adequate means of compensation. To meet these special types of cases a different type of court system and relief developed parallel to the courts of law, which were the courts of

EQUITY..

B. THE COURTS OF CHANCERY

The law of equity developed in the kings office of chancery. These special cases were taken to the office of the chancery and eventually the chancery came to be recognized as a separate tribunal or court. The courts of chancery spoke in the name of the king. Since the courts of chancery spoke in the name of the king they could render decisions granting relief other than money damages . The courts could provide specific relief such as commanding a person to dol f

nor to do a particular thing or order specific performance of the contract in certain cases, where the requirements were met, make the wrondoer do what he promised to do ‑ such as a promise to sell a piece of real property; the courts would do what was equitable ‑just or fair. In the modern court system the distinction no longer remain, however to grant relief other than damages the courts still harken back to their equitable powers as established by the common law. The modern court judge will still be heard to say "The court can grant this relief under its equitable power" or an attorney will ask the court to grant a particular relief based on its equitable power.

The defenses of laches, unclean hands and equitable are defenses strictly based on and dependent upon the common law doctrine of equity and the courts common law power of to do equity. If the concept of equity were not viable today there would be almost no legal, rational or logical basis for the court to grant equitable relief.

The claim for damages arising out of an automobile accident of course deals strictly with and has with MONETARY damages. The distinctions are discussed here only to provide the reader with a complete picture of the legal system.

THE JUDICIAL CONCEPTS OF PRECEDENT AND STAIRE DECISIS

The two basic concepts that developed during the common law period are the concepts of Staire Decisis and Precedent which form the foundation

and provide structure and some predictability to the law.

2. The common law developed the concepts of precedent and staire decisis, and the legal doctrine that precedent will not be disturbed.

WHAT IS PRECEDENT

1. PRECEDENT is the doctrine that a previously established legal principle, or rule of law, will be accepted and applied in subsequent decisions of the court that meet the criteria of the legal issue in question.

A DECISION OR DETERMINATION of a point of law made by a court in a case to be followed by a court of the same rank or of a lower rank in a subsequent case presenting the same legal problem, although different parties are involved in the subsequent case. 20 am J2d Cts par 183

WHAT IS STAIRE DECISIS:

1. STAIRE DECISIS is the concept that a prior decision setting forth a rule of law would be followed wherever it applied and another court would not change or overrule that decision but apply it to the facts before the court.

A. STAIRE DECISIS ‑AUTHORITATIVE LEGAL STATEMENTS

B. STAIRE DECISIS ‑ LEGAL DEFINITION 1. The doctrine or principle

that decisions should stand as precedents for guidance in cases

arising in the future. A strong judicial policy that the determination of a point of law by a court will generally be followed by a court of the same or lower rank in a subsequent case which presents the same legal problem, although different parties are involved in the subsequent cases. 20 Am Jur. 2d Cts. 183

STAIRE DECISIS ‑ PRINCIPLE APPLICABLE ONLY TO DECISIONS WITHIN THE STATE:

The decision of a court of one state does not have effect as stare decisis in the court of another state, although it may be considered and even followed by the court of the sister state because its reasoning is persuasive. 20 Am J2d Cts 203.

THEREFORE you can only rely in the decisions of the state of CALIFORNIA AS LEGAL authority within California. You cannot use the legal decision or opinion of ANOTHER STATE TO SUPPORT your position or argument.

STAIRE DECISIS ‑ THIS Rigid PRINCIPLE IS IN RARE INSTANCES IS SUBJECT CHANGE:

Even this rigid principle is subject to change, interpretation, modification, and re analysis on rare occasions and if the court may be persuaded to change a particular rule or principle of law. This is rare. The change by the court is usually a political decision influenced by political motives and interests.

STAIRE DECISIS ‑ STANDARDS BY WHICH A COURT WILL NOT BE BOUND

1. While even a single adjudication of the court, upon a question properly before it, is not to be questioned or disregarded except for the most cogent reasons, and then only in a case where it is plain that the judgment was the result of a mistaken view of the condition of the law applicable to the question, the doctrine of stare decisis is not without exceptions. It does not apply where it can be shown that the law has been misunderstood or misapplied, or where the former determination is evidently contrary to reason. Rumsey v New York & New England Railway Co. 133 NY 79, 30 NE 654.

PROCESS FOR SERVING COPIES TO THE OTHER PARTY

1. YOU ARE RESPONSIBLE FOR ARRANGING TO HAVE SOMEONE SERVE COPIES OF EVERYTHING YOU HAVE FILED TO THE OTHER PARTY. YOU CANNOT SERVE THE PAPERS YOURSELF. YOU MUST HAVE ANYONE WHO IS 18 OR OLDER AND NOT LISTED ON THESE PAPERS DELIVER A COPY OF ALL THE PAPERS YOU HAVE FILED TO THE OTHER SIDE.

2. COPIES MUST BE DELIVERED TO THE OTHER PARTY AT LEAST 15 DAYS BEFORE THE COURT HEARING THAT IS SET UNLESS NOTED OTHERWISE ON YOUR PAPERWORK. YOUR COURT DATE WILL BE SET WITHIN 25 DAYS FROM THE DATE YOU FILE YOUR PAPERWORK, SO THIS WILL GIVE YOU APPROXIMATELY 10 DAYS (GIVE OR TAKE A FEW DAYS) TO FIND THE OTHER PARTY TO HAVE THEM SERVED.

3. IF YOU HAVE A VALID FEE WAIVER, THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT (CIVIL DIVISION) WILL SERVE YOUR PAPERS FOR YOU. YOU MUST FILL OUT A FEE WAIVER APPLICATION AND QUALIFY IN ORDER TO USE THIS PROCESS. IF YOU DO NOT QUALIFY FOR A FEE WAIVER, THE SHERIFF'S DEPARTMENT WILL NOT SERVE THE PAPERS FOR YOU. IF YOU WOULD LIKE THE SHERIFF'S DEPARTMENT TO SERVE THE PAPERWORK, YOU MUST GO TO THE FOLLOWING ADDRESS BETWEEN THE HOURS OF 8AM AND 2PM MONDAY THRU FRIDAY:

SHERIFF'S CIVIL DIVISION
3018 WILLOW PASS ROAD, CONCORD, CA

YOU MUST BRING THE FOLLOWING TO THAT OFFICE:

                            1 COPY OF YOUR VALID FEE WAIVER
                            1 BLANK RESPONSIVE DECLARATION
                            3 SETS OF ALL PAPERS YOU HAVE FILED (TRO, ETC)

WHEN THE SHERIFF'S DEPARTMENT SUCCESSFULLY SERVES THE OTHER PARTY, THEY WILL PREPARE A "PROOF OF SERVICE" AND FORWARD THE ORIGINAL TO THE COURT SO WE KNOW THAT THE OTHER PARTY HAS BEEN PROPERLY SERVED.

4. IF IT IS NECESSARY FOR SOMEONE OTHER THAN THE SHERIFF'S DEPARTMENT TO SERVE YOUR DOCUMENTS, YOU MUST MAKE SURE THAT A COMPLETED "PROOF OF SERVICE" IS RETURNED TO THE COUNTY CLERK'S OFFICE FOR FILING AT LEAST 5 COURT DAYS BEFORE THE HEARING. WHO EVER SERVES THE OTHER PARTY MUST FILL OUT #'S 2., 3., 4., & 5. ON THE PROOF OF SERVICE FORM. THEY MUST DATE IT, PRINT THEIR NAME AND SIGN THE FORM. YOU MUST THEN FILL OUT THE REST OF THE FORM. YOU MUST THEN MAKE COPIES OF IT AND BRING IT BACK TO THE COUNTY CLERK'S OFFICE TO FILE.

5. IF THE PROOF OF SERVICE IS NOT IN THE COURT FILE ON THE DATE OF THE HEARING, THE COURT CANNOT PROCEED AND HAKE FURTHER ORDERS. IT IS VERY IMPORTANT THAT YOU GET THIS BACK TO
THE COUNTY CLERK'S OFFICE

6. YOU MUST DELIVER A FILE STAMPED COPY OF THE PROOF OF SERVICE TO ANY AREA POLICE DEPARTMENTS THAT HAVE A COPY OF THE TRO SO THEY ALSO KNOW THAT THE OTHER PARTY HAS BEEN PROPERLY SERVED.

7. THERE IS NO FEE CHARGED IN FILING THE PROOF OF SERVICE.

8. SHERIFF'S RECORDS WILL ACCEPT COPIES OF TRO'S FOR INFORMATION ONLY. THEY DO NOT SERVE PAPERS OR HAKE ARRANGEMENTS TO DO SO. THE ADDRESS TO THIS DEPARTMENT IS:

                                    651 PINE STREET 1ST FLOOR,
                                    NORTH WING (LEFT SIDE OF BLDG)
                                    MARTINEZ, CA

9. ALL THE FORMS REFERRED TO ON THE SHEET ARE INCLUDED IN THE PACKET OF FORMS THAT YOU PURCHASED FROM THE CLERK'S OFFICE. IF YOU NEED MORE, YOU MAY PURCHASE THE FORMS SEPARATELY IN THE COUNTY CLERK'S OFFICE.

3. Judicial Remedy Where None Prescribed by Statute. (a) [§3] Statutory Declarations. (b) [§4] Obligation May Be Enforced.

(a) Mentally Disordered Person. (1) [§29] Nature of Act. (2) [§30] Detention for Observation and Evaluation. (3) [§31] Certification for Intensive Treatment. (4) [§32] Right to Counsel and Habeas Corpus. (5) [§33] Postcertification Commitment. (6) [§34] Antipsychotic Medication. (7) [§35] Civil Rights of Patient. (8) [§36] Constitutional Rights of Patient.

3. [§39] Commitment Under Children's Civil Commitment and Mental Health Treatment Act.

(b) Mentally Retarded Person. (1) [§41] In General. (2) [§42] Procedure. (3) [§43] Civil Rights of Patient.

(2) [§50] Investigation and Report. (3) [§51] Hearing. (4) [§52] Representation by Counsel. (5) [§53] Right to Jury Trial. (6) [§54] Habeas Corpus. (7) [§55] Physical Restraint of Conservatee. (8) Standard of Proof.

(bb) [§57] Exceptions: Preponderance of Evidence. (9) [§58] Exclusionary Rule Inapplicable. (10) [§59] Appeal.

(e) Limitations on Recovery. (1) [§68] Statutory Rule and Exceptions. (2) [§69] Illustration.

(c) Distinctions and Exceptions. (1) [§77] Friendly Suit. (2) [§78] Declaratory Relief and Agreed Case. (3) [§79] Public Interest in Question. (4) [§80] Hardship to Parties. (5) [§81] Concealment Not Bar to Determination.

(b) Distinctions and Exceptions. (1) [§83] Substantial Issue Remaining. (2) [§84] Public Interest in Question. (3) [§85] Moot Case on Appeal. (4) [§86] Mootness Not Jurisdictional.

6. Substantive Matters in Procedural Form. (a) [§97] Parol Evidence Rule. (b) [§98] Statute of Frauds. (c) Measure of Damages.

(2) [§ 100] Limitation on Amount Recoverable. (d) [§101] Direct‑Action Statute.

(aa) [§ 108] Federal Statute Without Express Limitation. (bb) [§109] Federal Statute With Express Limitation.

5. Actions Based on Fraud. (a) [§125] Legal Relief Sought. (b) [§126] Equitable Relief Sought.

6. Actions To Quiet Title. (a) [§127] Nature of Problem. (b) [§128] Basic Action Equitable. (c) [§129] When Action Legal.

7. Actions Involving Both Legal and Equitable Issues. (a) [§130] Plaintiffs Demand. (b) [§131] Defendant's Demand.

(bb) [§ 149] Illegal Contract. (cc) [§ 150] Contract in Violation of Statute of Frauds.

(1) [§ 152] Fraud in Inducement of Contract. (2) Intentional Tort Violating Contract.

(ee) [§ 157] Fraudulent Breach of Contract. (3) Negligent Violation of Contract.

(bb) [§159] Election Allowed To Defeat Recovery. (4) [§160] Waiver of Tort and Suit in QuasiContract.

(d) Denial of Contract Action for Negligence. (1) [§ 161 ] Theory and Illustrations. (2) [§ 162] Analysis and Criticism.

(e) Denial of Tort Action. (1) [§ 163] False Promise in Unenforceable Contract. (2) [§ 164] Wrongful Discharge of Employee. (3) Bad Faith Denial That Contract Exists.

We the People; US Constitution
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USConstitution
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Gun Control
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Testimony of Bill Lann Lee, Civil Rights Division
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Gun Laws, Gun Control and Gun Rights
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The Constitution
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Untitled
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2ndamendment
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College Library-Guns & Society
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The Civil Rights Bill
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US Senate Republican Policy Committee
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MightyWords - Press Room - Press Release
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FindLaw: US Constitution: Ninth Amendment
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Results 121 - 130 of about 374,000. onds.

Marianne M. Jennings
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2ARMED
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Tanya Metaksa: Showdown
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Books on NRO Weekend
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The Straight Dope: What does "the right to bear arms" ...
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Results 131 - 140 s.

CHILD HEALTH INSURANCE PROGRAM
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Legal Community Against Violence
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