details re filing complaint - Los Angeles Superior Ct - Unlimited Division

[tranquility]

While I am in CA, I've not been in state court. In federal, the rules are quite specific. Blue back, top punched, prong fasteners..

 

[CourtClerk]

California
I'm preparing to file a complaint pro per at the Chatsworth Courthouse - approx 40 miles from my home. Want to minimize the probability that I will violate some small rule and need to go twice.

The complaint - on pleading paper - is 12 pages with about 30 pages of exhibits. The copy I will file is 2 hole punched at the top and I have dividers with tabs at the bottoms to separate the Table Of Contents of the exhibits and the various exhibits A to J.

Can someone guess whether they want me to submit it stapled at the top left, or with a fastener in the 2 holes, or maybe both?, or maybe bound into a folder?
I plan to take 2 each of: i) the complaint, ii) the summons, iii) the case management form CM010, iv) the Los Angeles case management form LACIV109
with the expectation that
i) re the complaint, they will stamp and keep one copy of the complaint and give me a stamped copy;
ii) re the summons they will give me both copies stamped
iii)re the 2 case management form they will keep a copy of each

I then can reproduce my stamped copies and use them to serve the defendants.
Am I doing ok?

An original and 2 copies to be conformed. Your conformed can be stapled, your originals need to be bound by acco-fasteners (no staples on the originals, especially if it's thick. If you're going to staple, only staple the things that go together (do not staple the summons to the pleading, don't staple the pleading to the case management statement, etc.) Only multiple paged forms can be stapled together.
A set of original everything stays with the court. Your 2 copies will be conformed and returned to you. You can duplicate the conformed copies as many times as your heart and your wallet can stand.
The case management statement or case management form don't get attached to your pleading.
You need a civil case cover sheet (grab that from the LASC website)

 

[rmknox]

Hi guys -

I'm overwhelmed with good advice and embarrassed to be slow getting back here - up to my hips in alligators

I ended up asking for Declaratory Relief, Injunction and Damages.

I found that a request for Declaratory Relief requires Unlimited Division - but the damages fall in the Limited category. But thanks for the heads up - I'll do my homework to see whether Chatsworth is the place to go.

My exhibits are 2 deeds, 2 pages from CC&Rs, a page from city building code, an Engineers Report and 5 letters I sent to Defendants - 10 exhibits of about 30 pages.

yes cm010 and laciv109 are not case managements forms.

And I have stuck on the two hole prongs. I put in separators into the courts copy

As I understand the California rules a xerox of a stamped copy is equivalent to a stamped copy so my plan is to bring 2 complaints to get stamped, leave one and take the other to make xerox copies and install separators..

And again many thanks

 

[quincy]

Hi guys -

I'm overwhelmed with good advice and embarrassed to be slow getting back here - up to my hips in alligators

I ended up asking for Declaratory Relief, Injunction and Damages.

I found that a request for Declaratory Relief requires Unlimited Division - but the damages fall in the Limited category. But thanks for the heads up - I'll do my homework to see whether Chatsworth is the place to go.

My exhibits are 2 deeds, 2 pages from CC&Rs, a page from city building code, an Engineers Report and 5 letters I sent to Defendants - 10 exhibits of about 30 pages.

yes cm010 and laciv109 are not case managements forms.

And I have stuck on the two hole prongs. I put in separators into the courts copy

As I understand the California rules a xerox of a stamped copy is equivalent to a stamped copy so my plan is to bring 2 complaints to get stamped, leave one and take the other to make xerox copies and install separators..

And again many thanks

Thanks for getting back to us, rmknox.

Good luck.

 

[rmknox]

Thanks for getting back to us, rmknox.

Good luck.

I filed at Chatsworth - they took my money and stamped my docs.

 

[quincy]

I filed at Chatsworth - they took my money and stamped my docs.

I am not surprised they took your money

Good luck, rmknox.

 

[rmknox]

I am not surprised they took your money

Good luck, rmknox.

Thanks - I'll post progress as we proceed thru the maze

 

[rmknox]

Thanks - I'll post progress as we proceed thru the maze

So how do I proceed?

I served him - now he got religion and wants to negotiate - but also wants not to file an answer. ( I think he is short on money, probably doesn't have the ability to draft his own or the cash to pay someone else to do so - plus the filing fees).

Assuming that he and I come to a settlement and document it as an agreement, is there a way that I can take his default and then present the settlement to the court and ask that the court "bless" ( for want of a better word) the agreement - giving it the force of a court ordered judgment.

If so, what is this process called?

I imagine that this must be quite common - people getting religion once served when they know they have an indefensible case.

 

[Nellibelle]

So how do I proceed?

I served him - now he got religion and wants to negotiate - but also wants not to file an answer. ( I think he is short on money, probably doesn't have the ability to draft his own or the cash to pay someone else to do so - plus the filing fees).

Assuming that he and I come to a settlement and document it as an agreement, is there a way that I can take his default and then present the settlement to the court and ask that the court "bless" ( for want of a better word) the agreement - giving it the force of a court ordered judgment.

If so, what is this process called?

I imagine that this must be quite common - people getting religion once served when they know they have an indefensible case.

If you and the Defendant agree to terms of a settlement, file a 'Stipulation' with the Court. The Stipulation should include language that would allow the judge to dismiss the case with prejudice if the Defendant fulfills the terms of the settlement agreement! If the Defendant is unable to file an answer, then you can request a default judgment from the court, so you can't do both.

 

[dcatz]

It is unclear to me where the “homework” has taken the litigation, but the OP’s latest post suggests the possibility that a resolution may be imminent by default, Confession of Judgment or a settlement (on stipulated terms ?).

If the parties settle the disparate claims, I would suggest that the OP be mindful of Title Three to the Calif. Rules of Court, particularly Rule 3.1385 and the duty to file a Notice of Settlement:
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1385

If a Notice of Settlement becomes relevant, the OP may find it helpful to recognize there is a Judicial Council form for the purpose:
http://www.courts.ca.gov/documents/cm200.pdf

If a Notice of Settlement becomes relevant AND a Stipulation provides for a conditional settlement with a delay in dismissal of more than 45 days from settlement, the OP will want to explain (show good cause for) the excess.

 

[Nellibelle]

It is unclear to me where the �homework� has taken the litigation, but the OP�s latest post suggests the possibility that a resolution may be imminent by default, Confession of Judgment or a settlement (on stipulated terms ?).

If the parties settle the disparate claims, I would suggest that the OP be mindful of Title Three to the Calif. Rules of Court, particularly Rule 3.1385 and the duty to file a Notice of Settlement:
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1385

If a Notice of Settlement becomes relevant, the OP may find it helpful to recognize there is a Judicial Council form for the purpose:
http://www.courts.ca.gov/documents/cm200.pdf

If a Notice of Settlement becomes relevant AND a Stipulation provides for a conditional settlement with a delay in dismissal of more than 45 days from settlement, the OP will want to explain (show good cause for) the excess.

Quite often, a settlement agreement allows the case to be dismissed soon after such agreement is signed, however, sometimes it may require a stipulation if the Plaintiff does not trust the Defendant to live up to the agreement. This happened to me several years ago when I agreed to payments over a 3 year period. My Attorney filed a stipulation with the Court and the case would be dismissed as soon as the agreement was fulfilled by the Defendant.

The stipulation (in my case) made it easier to address any breach of the agreement rather than having to pursue a breach of contract issue for a breach of the settlement agreement AFTER a case is dismissed with prejudice.

 

[Mark Maroon]

So how do I proceed?
I served him - now he got religion and wants to negotiate - but also wants not to file an answer. ( I think he is short on money, probably doesn't have the ability to draft his own or the cash to pay someone else to do so - plus the filing fees).
Assuming that he and I come to a settlement and document it as an agreement, is there a way that I can take his default and then present the settlement to the court and ask that the court "bless" ( for want of a better word) the agreement - giving it the force of a court ordered judgment.

Your first choice, if possible, is to complete the settlement without any further interaction with the court. You don't really want to dismiss your complaint based on a settlement, and of course the defendant (if they are smart) isn't going to allow you to take a default based on a settlement. Yes, as others have indicated you can file a settlement agreement with the court, but you don't have to. You want to agree with the defendant on the terms, write up the agreement, have both parties sign and date it, and get the settlement money - then dismiss your case. The court doesn't have to be involved in all that. Write the agreement so that it outlines the steps. They give you $$ by XX. Then about 10 days later on YY you file to dismiss your case. You state that the defendant need not file any response to the complaint before XX and that you will not seek a default judgment before XX. Make sure to state that if you don't get $$ by XX, then the agreement has been breached and all of the terms of the agreement are null and void and that an answer to the complaint is due (by whatever date it is due) and that you will seek a default if an answer to the complaint has not been filed (by whatever date it is due).

 

[dcatz]

There is a “gentlemanly” appeal to a resolution that does not require (further) judicial intervention, and a hypothetical attempt is to be applauded. However, a suggested inability to afford filing costs would also implicitly militate against the feasibility of a lump-sum (vs. installment) monetary settlement. Likewise, original causes of action for declaratory and injunctive relief make it hard to fathom claims that will not ultimately require a judicial decree. Will the putative dismissal be with or without prejudice?

Additional detail from the OP is needed for further responses to be other than hypothetical and/or off-target.

 

[rmknox]

There is a “gentlemanly” appeal to a resolution that does not require (further) judicial intervention, and a hypothetical attempt is to be applauded. However, a suggested inability to afford filing costs would also implicitly militate against the feasibility of a lump-sum (vs. installment) monetary settlement. Likewise, original causes of action for declaratory and injunctive relief make it hard to fathom claims that will not ultimately require a judicial decree. Will the putative dismissal be with or without prejudice?

Additional detail from the OP is needed for further responses to be other than hypothetical and/or off-target.

I've given him a draft of an agreement to dismiss without prejudice where he agrees to do certain repairs, settles my damages with a note payable in 2 years at 2% secured by a trust deed on his house and agrees to all the terms that I asked the court to comment on in the declaratory relief - i.e. my right to maintain my property - and agrees not to do things for which I asked for an injunction - with an atty fee clause if I have to re institute the suit. Lets see what happens.

 

[rmknox]

status report

defendant has filed an answer in pro per - with no content

he used California form PLD-050 General Denial

He checked box 2 which reads "DEFENDANT states the following FACTS as separate affirmative defenses ...:"
he filled in "Please see Attachment A"

where Attachment A is a boiler plate document listing 31 possible affirmative defenses

no facts anywhere - nothing to connect this boilerplate to any of my causes of action or the facts of the case.

I assume the wording that requires him to submit facts is based on some section of the Calif code of civil procedure - does anyone here happen to know where ?

This must be common - does someone have advice

by the way - I screwed up - this is an unlimited division case and I believe I should have "verified" it - which i didn't - in which case he would not be able to use the General Denial Form

one learns by living but I want to share this mistake with you all so you can learn from my mistake.