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  • Donna Bader
  • Attorney at Law
  • Post Office Box 168
  • Yachats, Oregon 97498
  • Tel.: (949) 494-7455
  • Fax: (949) 494-1017
  • Donna@DonnaBader.Com

 

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« Appellants must provide a meaningful record or forfeit their claims | Main | Happy Holidays to One and All! »
Monday
Jan122015

New Laws to Help Celebrate 2015!

Effective January 1, 2015, the provisions dealing with a motion for summary adjudication that do not completely dispose of an action, are repealed. A motion that "completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty," is still governed by Code of Civil Procedure section 437c(f)(1) and (2). A big sigh of relief.  I've found these motions to be cumbersome and rarely granted.
The briefing deadlines for motions for new trial (C.C.P., sec. 659a), judgment notwithstanding the verdict (C.C.P., sec. 629), and motions to set aside and vacate the judgment (C.C.P., sec. 663a) are the same. (2014 Cal. Legis. Serv. Ch. 93 (A.B. 1659).)  Whew, what a relief!