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

[rmknox]

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?

 

[Nellibelle]

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?

Simply get 'prong fasteners' to attach your litigation papers together. You should probably have at least 4 copies of everything (the original that gets filed with the court and 3 stamped conformed copies) incase you need to personally serve AND send a copy to the Defendant AND keep one for yourself.

I think you are making it hard on yourself by attaching all these exhibits at this time. The court will accept a Complaint that is properly pleaded with 'factual allegations', so it is quite a bit of work to worry about exhibits at this time! But if that is what you like to do, go for it.

 

[quincy]

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?

Court Rules in most states will require that the papers be firmly bound together but "firmly bound" is rarely defined. Some courts, however, show a preference for a particular type of binding (binder clips, spiral bound, saddle wiring, staples), so you may want to call your court before binding your papers to see if such a preference exists.

A link to California's Rules (see Rules 2.100 et seq for paper and form filing requirements):
http://www.courts.ca.gov/rules/index.cfm?title=two

 

[Zigner]

Court Rules in most states will require that the papers be firmly bound together but "firmly bound" is rarely defined. Some courts, however, show a preference for a particular type of binding (binder clips, spiral bound, saddle wiring, staples), so you may want to call your court before binding your papers to see if such a preference exists.

A link to California's Rules (see Rules 2.100 et seq for paper and form filing requirements):
http://www.courts.ca.gov/rules/index.cfm?title=two

In CA, the counties have their own specific rules too - and even the courthouses themselves. Good advice is to contact the court directly.

 

[tranquility]

A .pdf, but older copy:

http://www.lacba.org/Files/Main%20Folder/CourtNotices/files/LASC_Local_Rules_Effective_July_1_2011.pdf

The actual rules, but online:

http://www.lasuperiorcourt.org/Courtrules/ui/

 

[dcatz]

This is confusing, because what you’re referring to as case management forms are the Judicial Council cover sheet and L.A. cover sheet addendum and statement of location. There are separate Status Conference forms, if you get to that point.

Initially, you’ll probably find Nellibelle’s advice and Tranq’s 2nd link most helpful but, equally importantly, you’re going to the wrong court. Chatsworth is for limited collection filings. If you have a non-collection case or if you have an Unlimited collection case, read rule 3.740 (on your form CM-010) carefully and start elsewhere.

 

[quincy]

This is confusing, because what you’re referring to as case management forms are the Judicial Council cover sheet and L.A. cover sheet addendum and statement of location. There are separate Status Conference forms, if you get to that point.

Initially, you’ll probably find Nellibelle’s advice and Tranq’s 2nd link most helpful but, equally importantly, you’re going to the wrong court. Chatsworth is for limited collection filings. If you have a non-collection case or if you have an Unlimited collection case, read rule 3.740 (on your form CM-010) carefully and start elsewhere.

You might want to read the posting history of rmknox for an idea of where he may be going with his complaint.

The complaint (according to a 4-23-2014 thread) has "a number of causes of actions" including declaratory relief, requests for injunctions and request for damages. A November 2013 thread concerned rights in an easement (https://forum.freeadvice.com/civil-litigation-46/declaratory-relief-judgement-601451.html) and (I assume) this is what he is working on now.

Perhaps he can provide more details?

 

[dcatz]

quincy: I have no intention to seem uncaring, much less snarky. I simply do not have time or interest to follow posts and forums as assiduously as some others on FA and must be reconciled to and content with the limitations.

I have looked at the 4-23 post. It identifies potential causes of action in a limited filing and there was a response. Neither the basic nature of the filing nor the intended court is provided and there was no follow-up ‘Nuf said.

I looked at the current post, speaking to an unlimited filing in Chatsworth. Clearly wrong, collections or not!

To strip Tranq’s reference to relevant essentials, on 3-18-13, L.A. Superior Court created two limited branch "collection courts" in Chatsworth and Norwalk, CA. All limited collection cases were transferred by zip code and unlimited collection cases and all other cases continued as previously assigned. Nellibelle’s suggested quantity seems more sensible.

Having now re-read both posts, I can only guess that Chatsworth probably remains the wrong court for the filing. I can’t speculate on the gravamen of the case or the correct venue, if the guess is wrong

 

[quincy]

quincy: I have no intention to seem uncaring, much less snarky. I simply do not have time or interest to follow posts and forums as assiduously as some others on FA and must be reconciled to and content with the limitations.

I have looked at the 4-23 post. It identifies potential causes of action in a limited filing and there was a response. Neither the basic nature of the filing nor the intended court is provided and there was no follow-up �Nuf said.

I looked at the current post, speaking to an unlimited filing in Chatsworth. Clearly wrong, collections or not!

To strip Tranq�s reference to relevant essentials, on 3-18-13, L.A. Superior Court created two limited branch "collection courts" in Chatsworth and Norwalk, CA. All limited collection cases were transferred by zip code and unlimited collection cases and all other cases continued as previously assigned. Nellibelle�s suggested quantity seems more sensible.

Having now re-read both posts, I can only guess that Chatsworth probably remains the wrong court for the filing. I can�t speculate on the gravamen of the case or the correct venue, if the guess is wrong

I did not think your post uncaring or snarky, dcatz.

On the contrary, because of your familiarity with California courts, you were able to pick up on a fact mentioned by rmknox that the rest of us missed. I thought your post helpful and, more importantly, I think rmknox will, too.

We are all faced with the same limitations when answering the questions here. The collection of threads by rmknox have not fit together in my mind very well and I thought perhaps you might be able to make better sense of them. But I certainly understand time constraints (and interest ).

That said, I am curious if you know if there is a type of "firmly bound" binding that the courts out your way prefer - or if anything tends to go.

 

[Nellibelle]

I did not think your post uncaring or snarky, dcatz.

On the contrary, because of your familiarity with California courts, you were able to pick up on a fact mentioned by rmknox that the rest of us missed. I thought your post helpful and, more importantly, I think rmknox will, too.

We are all faced with the same limitations when answering the questions here. The collection of threads by rmknox have not fit together in my mind very well and I thought perhaps you might be able to make better sense of them. But I certainly understand time constraints (and interest ).

That said, I am curious if you know if there is a type of "firmly bound" binding that the courts out your way prefer - or if anything tends to go.

All it takes is to observe in any Superior Court in California to see that Attorneys (for the most part) use the prong fasteners that can be purchased at any Staples outlet store in California. Most courts that I'm aware of even provide the punch press that punches the holes at the top of the document(s) for those who are filing papers .

 

[Nellibelle]

quincy: I have no intention to seem uncaring, much less snarky. I simply do not have time or interest to follow posts and forums as assiduously as some others on FA and must be reconciled to and content with the limitations.

I have looked at the 4-23 post. It identifies potential causes of action in a limited filing and there was a response. Neither the basic nature of the filing nor the intended court is provided and there was no follow-up ‘Nuf said.

I looked at the current post, speaking to an unlimited filing in Chatsworth. Clearly wrong, collections or not!

To strip Tranq’s reference to relevant essentials, on 3-18-13, L.A. Superior Court created two limited branch "collection courts" in Chatsworth and Norwalk, CA. All limited collection cases were transferred by zip code and unlimited collection cases and all other cases continued as previously assigned. Nellibelle’s suggested quantity seems more sensible.

Having now re-read both posts, I can only guess that Chatsworth probably remains the wrong court for the filing. I can’t speculate on the gravamen of the case or the correct venue, if the guess is wrong

I agree with you that posting history is lrrelevant in this thread. The OP's questions were answered without the need to scrutinize posting history, which I believe is not necessary most of the time.

 

[quincy]

I agree with you that posting history is lrrelevant in this thread. The OP's questions were answered without the need to scrutinize posting history, which I believe is not necessary most of the time.

After only 68 posts* on this forum you have come to this conclusion? Interesting.





*I understand why you think posting history should not be scrutinized!!!!!

 

[dcatz]

quincy - plain staples have generally worked for me since the CA courts “unified” back in the Dark Ages and eschewed blue-backs, dividers and the rest of the ornamental baggage. (Filing clerks separate the Civil Cover and Addendum (another 5 pages) at filing and staple removal is easier than unfastening.) Suffice to say, I have a different pleading philosophy, but I share Nellibelle’s implied concern. That would be more with the size of the intended filing than with the esthetics (tabs, TOC etc.). I admit I’m shooting from the hip, but 30 Exhibits sounds about 25 more than anybody but perhaps the defendant(s) will review. The first Status Conference in an unlimited case will be approx. 180 days from filing and I hope some issues to be resolved by then through discovery and law & motion. Unless and until that starts, the Court is going to be unconcerned by this huge pleading. Moreover, there are definitely numerical limits on the size of subsequent pleadings (e.g. a demurrer). Expecting the response to be the functional equivalent of a General Denial, I’d husband my ammo ‘til needed.

My impression is that Tranq is from another county in CA. Why no ask what his experiences are, if so?

 

[quincy]

quincy - plain staples have generally worked for me since the CA courts “unified” back in the Dark Ages and eschewed blue-backs, dividers and the rest of the ornamental baggage. (Filing clerks separate the Civil Cover and Addendum (another 5 pages) at filing and staple removal is easier than unfastening.) Suffice to say, I have a different pleading philosophy, but I share Nellibelle’s implied concern. That would be more with the size of the intended filing than with the esthetics (tabs, TOC etc.). I admit I’m shooting from the hip, but 30 Exhibits sounds about 25 more than anybody but perhaps the defendant(s) will review. The first Status Conference in an unlimited case will be approx. 180 days from filing and I hope some issues to be resolved by then through discovery and law & motion. Unless and until that starts, the Court is going to be unconcerned by this huge pleading. Moreover, there are definitely numerical limits on the size of subsequent pleadings (e.g. a demurrer). Expecting the response to be the functional equivalent of a General Denial, I’d husband my ammo ‘til needed.

My impression is that Tranq is from another county in CA. Why no ask what his experiences are, if so?

Many courts in my area discourage staples. I agree the size of the filing could be a problem. And I figured tranquility would chime in before long.

Thanks.

 

[Proserpina]

(I keep seeing staplers in red jello....)

Hold please. I shall ask the resident Superior Court expert...