This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
The document is a motion filed by the defense attorney Ralph Megna on behalf of their client, who has been indicted on drug and paraphernalia charges. The motion requests several forms of relief from the court, including inspection of grand jury minutes, dismissal of indictment, a Huntley hearing on statements made by the defendant, a Wade hearing on identification procedures, disclosure of Brady material, a Sandoval hearing, and leave to make further motions. The attorney provides supporting arguments for each request.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
This document provides guidance on various pre-trial motions in criminal cases, including omnibus motions, motions to dismiss or reduce charges, and motions to suppress evidence. It discusses the timeline and requirements for filing pre-trial motions under the Criminal Procedure Law. The document also provides sample motion templates and analyses of key cases related to ineffective assistance of counsel during the plea bargaining process.
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues the bail is excessive given Gristina has no criminal record, strong community ties, and faces a non-custodial sentence if convicted. It requests the court grant the writ and set reasonable bail.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
02/09/12 GARRETSON RESOLUTION GROUP - Motion To Vacate (STAMPED)VogelDenise
The Garretson Firm Resolution Group, Inc. appears to be a FRONTING Firm for United States President Barack Obama. This is Vogel Denise Newsome's REBUTTAL to Lawsuit/Complaint filed against her for exercising her FIRST AMENDMENT RIGHTS (i.e. Freedom of Speech, etc.). Information that President Barack Obama does NOT want the PUBLIC to see!
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIALLisa Greene
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
The document is a motion filed by the defense attorney Ralph Megna on behalf of their client, who has been indicted on drug and paraphernalia charges. The motion requests several forms of relief from the court, including inspection of grand jury minutes, dismissal of indictment, a Huntley hearing on statements made by the defendant, a Wade hearing on identification procedures, disclosure of Brady material, a Sandoval hearing, and leave to make further motions. The attorney provides supporting arguments for each request.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
This document provides guidance on various pre-trial motions in criminal cases, including omnibus motions, motions to dismiss or reduce charges, and motions to suppress evidence. It discusses the timeline and requirements for filing pre-trial motions under the Criminal Procedure Law. The document also provides sample motion templates and analyses of key cases related to ineffective assistance of counsel during the plea bargaining process.
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues the bail is excessive given Gristina has no criminal record, strong community ties, and faces a non-custodial sentence if convicted. It requests the court grant the writ and set reasonable bail.
This document summarizes key articles from Ecuador's Code of Civil Procedure regarding jurisdiction, competence, filing complaints, summons and service, evidence, public documents, inspections, and expert witnesses. Some key points include:
- Jurisdiction and competence refer to a court's authority and extent of authority over certain matters, territories, people, and levels of courts.
- Complaints must clearly identify the parties, facts, requests, and other required information.
- Summons informs defendants of complaints and court orders while service informs parties of judgments.
- Evidence includes documents, witness testimony, and inspections, and must be properly submitted and evaluated according to legal standards.
- Public documents certified by authorized persons are considered
02/09/12 GARRETSON RESOLUTION GROUP - Motion To Vacate (STAMPED)VogelDenise
The Garretson Firm Resolution Group, Inc. appears to be a FRONTING Firm for United States President Barack Obama. This is Vogel Denise Newsome's REBUTTAL to Lawsuit/Complaint filed against her for exercising her FIRST AMENDMENT RIGHTS (i.e. Freedom of Speech, etc.). Information that President Barack Obama does NOT want the PUBLIC to see!
The document outlines the rights of the accused in criminal prosecutions under Philippine law, including the right to be presumed innocent, to be informed of charges, to present a defense, not to testify against oneself, confront witnesses, and have a speedy and public trial. It also describes the procedures for arraignment and plea, including the ability to plead guilty to a lesser offense. The accused may file a motion to quash the complaint or information before entering a plea based on grounds such as lack of an offense or lack of jurisdiction.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIALLisa Greene
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
The court allowed the appellant's appeal to execute a judgment obtained in 1999 against the respondents. The court found that the appellant provided sufficient reasons for the delay in execution, including the respondents' appeals up to the Federal Court and a related suit filed by one respondent. The court also found that the respondents' actions induced the appellant's delay and they could not rely on limitation statutes. Finally, the appellant did not seek additional interest for the delay so there was no prejudice to the respondents. The court upheld the equitable maxim that "equity assists the diligent, not the tardy."
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
This document outlines rules for petitions for the declaration of absolute nullity of void marriages and annulment of voidable marriages in the Philippines. It discusses who can file petitions, where they must be filed, requirements for petitions, the summons and service process, answers to petitions, investigations for collusion, social worker reports, mandatory pre-trial procedures, trial procedures, and memoranda. Key aspects include that petitions must be filed in family court and include all relevant facts, respondents have time limits to file answers, investigations are done for potential collusion between parties, and strict pre-trial and trial procedures are followed to determine the validity of the marriages.
Sample petition for final distribution for probate in CaliforniaLegalDocsPro
This sample petition for final distribution in a probate case in California is filed to request that the Court make an order of final distribution and approve the statutory compensation for the personal representative and their attorney. The sample petition on which this preview is based is 18 pages and includes brief instructions, a sample summary of account, sample exhibits to support the summary of account and a sample verification. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
This document summarizes a court case from the Sri Lanka Law Reports from 2009 regarding a partition action.
(1) The plaintiff filed a partition suit to divide a land allegedly owned in common, but some defendants disputed the plaintiff's claimed chain of title. The plaintiff produced several deeds to establish title but the trial judge rejected them because the plaintiff did not prove their execution.
(2) On appeal, the court found that the rejection of the deeds contravened Section 68 of the Partition Law, which does not require formal proof of deed execution unless genuineness is disputed. The execution of the deeds was also not properly investigated.
(3) The court set aside the trial judgment and ordered a new trial
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document is a motion filed by the defense attorney Ruth C. Rose seeking pre-trial discovery from the prosecution related to two police officers - Deputy Clotworthy and Sergeant Smith - who were involved in the arrest of the defendant Belvin Pugh. The motion requests access to complaints against the officers, any discipline imposed as a result of investigations into complaints, and any other exculpatory or impeaching evidence within the meaning of Brady v. Maryland. It also seeks information from any civil service commission hearings involving the officers related to the alleged misconduct. The motion is made on the grounds that the defendant denies the version of events described in the police report and contends the officers falsified probable cause, and this discovery could provide impeach
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document provides guidelines and commentary for assessing the risk level of sex offenders under New York's Sex Offender Registration Act. It outlines a risk assessment instrument that assigns points for various risk factors to determine a presumptive risk level of 1, 2, or 3. There are also overrides that result in a presumptive level 3. The guidelines aim to predict recidivism risk while considering the potential harm of reoffense. Risk levels guide public notification procedures and registration requirements.
This document contains a proposed verdict sheet for a medical malpractice case involving multiple defendants. The verdict sheet contains 6 questions for the jury with sub-parts for each defendant. The questions address issues of negligence, causation, percentage of fault, and damages for past and future injuries. If certain questions are answered "yes", the jury is directed to proceed to subsequent questions, and signatures are required to show juror agreement for each answer.
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues that this bail amount is excessive and violates constitutional standards given that Gristina has no criminal record, strong community ties, and faces a non-incarceratory sentence if convicted. It requests that the court grant the writ and issue an order setting reasonable bail.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY
No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEYNo fault_letter-J JOHN SEBASTIAN ATTORNEY
Defendants Hyatt Corporation, AB/FH DFW Property, LLC, and The Services Companies filed an original answer in response to a lawsuit filed by Jacquelyn Medina. The defendants made a general denial of all claims and allegations in the plaintiff's petition. They asserted 13 defenses including sole proximate cause, failure to mitigate damages, contributory negligence, and rights under Texas civil practice law. The defendants joined the plaintiff's request for a jury trial and requested the plaintiff disclose information required under Texas rules of civil procedure.
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines the rights of the accused in a criminal trial according to Philippine law. It discusses the rights to be presumed innocent, informed of charges, have counsel, testify or not testify without prejudice, confront witnesses, and appeal convictions. It also covers procedures for arraignment and plea, including the right to counsel and processes for guilty pleas, not guilty pleas, and withdrawing pleas. Motions to quash a complaint or information are also addressed.
The court allowed the appellant's appeal to execute a judgment obtained in 1999 against the respondents. The court found that the appellant provided sufficient reasons for the delay in execution, including the respondents' appeals up to the Federal Court and a related suit filed by one respondent. The court also found that the respondents' actions induced the appellant's delay and they could not rely on limitation statutes. Finally, the appellant did not seek additional interest for the delay so there was no prejudice to the respondents. The court upheld the equitable maxim that "equity assists the diligent, not the tardy."
It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
This document outlines rules for petitions for the declaration of absolute nullity of void marriages and annulment of voidable marriages in the Philippines. It discusses who can file petitions, where they must be filed, requirements for petitions, the summons and service process, answers to petitions, investigations for collusion, social worker reports, mandatory pre-trial procedures, trial procedures, and memoranda. Key aspects include that petitions must be filed in family court and include all relevant facts, respondents have time limits to file answers, investigations are done for potential collusion between parties, and strict pre-trial and trial procedures are followed to determine the validity of the marriages.
Sample petition for final distribution for probate in CaliforniaLegalDocsPro
This sample petition for final distribution in a probate case in California is filed to request that the Court make an order of final distribution and approve the statutory compensation for the personal representative and their attorney. The sample petition on which this preview is based is 18 pages and includes brief instructions, a sample summary of account, sample exhibits to support the summary of account and a sample verification. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
This document summarizes a court case from the Sri Lanka Law Reports from 2009 regarding a partition action.
(1) The plaintiff filed a partition suit to divide a land allegedly owned in common, but some defendants disputed the plaintiff's claimed chain of title. The plaintiff produced several deeds to establish title but the trial judge rejected them because the plaintiff did not prove their execution.
(2) On appeal, the court found that the rejection of the deeds contravened Section 68 of the Partition Law, which does not require formal proof of deed execution unless genuineness is disputed. The execution of the deeds was also not properly investigated.
(3) The court set aside the trial judgment and ordered a new trial
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document is a motion filed by the defense attorney Ruth C. Rose seeking pre-trial discovery from the prosecution related to two police officers - Deputy Clotworthy and Sergeant Smith - who were involved in the arrest of the defendant Belvin Pugh. The motion requests access to complaints against the officers, any discipline imposed as a result of investigations into complaints, and any other exculpatory or impeaching evidence within the meaning of Brady v. Maryland. It also seeks information from any civil service commission hearings involving the officers related to the alleged misconduct. The motion is made on the grounds that the defendant denies the version of events described in the police report and contends the officers falsified probable cause, and this discovery could provide impeach
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document provides guidelines and commentary for assessing the risk level of sex offenders under New York's Sex Offender Registration Act. It outlines a risk assessment instrument that assigns points for various risk factors to determine a presumptive risk level of 1, 2, or 3. There are also overrides that result in a presumptive level 3. The guidelines aim to predict recidivism risk while considering the potential harm of reoffense. Risk levels guide public notification procedures and registration requirements.
This document contains a proposed verdict sheet for a medical malpractice case involving multiple defendants. The verdict sheet contains 6 questions for the jury with sub-parts for each defendant. The questions address issues of negligence, causation, percentage of fault, and damages for past and future injuries. If certain questions are answered "yes", the jury is directed to proceed to subsequent questions, and signatures are required to show juror agreement for each answer.
Online version black and white motion practice in criminal trials power point...jjohnsebastianattorney
J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer J John Sebastian Attorney Lawyer
This document is a petition in support of a writ of habeas corpus seeking a reduction in bail for Anna Gristina. It summarizes that Gristina was arrested and charged with a single count of promoting prostitution in the third degree, a class D non-violent felony, and bail was set at $2 million bond or $1 million cash. It argues that this bail amount is excessive and violates constitutional standards given that Gristina has no criminal record, strong community ties, and faces a non-incarceratory sentence if convicted. It requests that the court grant the writ and issue an order setting reasonable bail.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY
No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEY No fault_letter-J JOHN SEBASTIAN ATTORNEYNo fault_letter-J JOHN SEBASTIAN ATTORNEY
Defendants Hyatt Corporation, AB/FH DFW Property, LLC, and The Services Companies filed an original answer in response to a lawsuit filed by Jacquelyn Medina. The defendants made a general denial of all claims and allegations in the plaintiff's petition. They asserted 13 defenses including sole proximate cause, failure to mitigate damages, contributory negligence, and rights under Texas civil practice law. The defendants joined the plaintiff's request for a jury trial and requested the plaintiff disclose information required under Texas rules of civil procedure.
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
This sample ex parte application for temporary restraining order in United States District Court also requests the issuance of a preliminary injunction pending the trial pursuant to Federal Rule of Civil Procedure 65(a) and (b) on the grounds that the plaintiff has suffered and will continue to suffer, substantial irreparable harm if injunctive relief is not granted. The sample on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample verified complaint for financial elder abuse in CaliforniaLegalDocsPro
This sample verified complaint for financial elder abuse in California contains a cause of action for financial elder abuse under Welfare and Institutions Code section 15610.30 as well as causes of action for fraud, quiet title, cancellation of written instrument and constructive trust. The sample complaint on which this preview is based requests attorney's fees and costs as well as punitive and exemplary damages under Welfare and Institutions Code section 15657.5, is 13 pages and includes brief instructions and a sample verification.The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California motion for change of venue LegalDocsPro
This document is a notice of motion and motion for change of venue filed in a California Superior Court. It states that the defendant resides in a different county than where the lawsuit was filed. The defendant argues that venue is improper and moves to transfer the case to the county of their residence. It provides statements of facts about the parties and case, and legal arguments citing California code sections that allow for a change of venue when the defendant resides in a different county. It requests that the court order the transfer of venue and require the plaintiff to pay costs associated with the transfer.
Sample ex parte application to dismiss complaint in californiaLegalDocsPro
This sample exparte application to dismiss a complaint in California is designed to be used by a defendant to request that the court dismiss a complaint when a demurrer to the complaint has been sustained with leave to amend and the plaintiff fails to amend within the time allowed. The sample is made pursuant to the provisions of Code of Civil Procedure section 581(f)(2) and California Rule of Court 3.1320(h). The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration in support of the exparte application, sample declaration regarding exparte notice and an order granting the exparte application to dismiss the complaint. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
This document is a court decision in an Article 78 proceeding brought by Sheri Glederman against New York education officials. Glederman, a teacher, received a growth score of 1 out of 20 for the 2013-2014 school year, designating her performance as "ineffective". She challenged this score as arbitrary. The court found that Glederman has standing to bring the case because her growth score dropped significantly from the prior year, lowering her overall rating and harming her reputation. The court denied the motion to dismiss and reserved on Glederman's request for discovery pending the administrative record.
This document contains 26 interrogatories from the plaintiff Adam Sharp to the defendant AAA Trucking Inc. regarding a lawsuit over an incident. The interrogatories request information such as names and contact details of witnesses, investigations conducted, admissions or statements made, insurance policies in place, the defendant's knowledge of how the incident occurred, and details of the plaintiff Paul Williams' medical history and claimed injuries and damages. The defendant is instructed to provide sworn answers to the interrogatories pursuant to the rules of civil procedure.
Sample notice of lawsuit and request for waiver of service of summons in Unit...LegalDocsPro
This sample notice of lawsuit and request for waiver of service of a summons in United States District Court under Rule 4(d) is used pursuant to subdivision (d) of Federal Rule of Civil Procedure 4. This subdivision imposes a duty on any defendant who is an individual that is not a minor or incompetent, or is a corporation or association to avoid the unnecessary expenses of serving the summons. The sample is 5 pages and contains brief instructions as well as a sample waiver of the service of a summons containing all required statutory language. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
This document is a complaint filed in the Superior Court of California alleging fraud, breach of fiduciary duty, and negligent misrepresentation against Brian Springhead and Doe defendants 1 through 100. The complaint was filed by Bubbles Ringer, who alleges that she invested $10,000 for basic business knowledge from Brian Springhead, but that he failed to provide the promised services and misused the funds. The complaint details the parties, jurisdiction, allegations of conspiracy and agency between the defendants, and causes of action for fraud and other claims.
The plaintiff in this case runs a janitorial service that primarily cleans restaurants. They have sued a former employee, Altman, for breach of a non-compete agreement and theft of trade secrets.
To state the obvious: The identity and contact information of the Cheesecake Factory is not a trade secret. Knowing how to clean a restaurant is not a trade secret. Quoting a price for cleaning services is not a trade secret.
Pollard PLLC represents Altman and has countersued for the following:
1. Declaratory judgment holding the non-compete agreement unenforceable.
2. False advertising under the Lanham Act.
3. Defamation. The Plaintiff has gone to multiple customers and told them that Altman stole their trade secrets and even stole equipment. Altman maintains that these allegations are total fabrications.
4. Tortious interference.
5. Breach of contract for failure to pay certain commissions.
Altman, now the Defendant/Counter-Plaintiff is seeking at least $10 million in damages in addition to corrective advertising to clear her name.
Grace Crashenburn is suing Buy-Mor, Inc. for negligence resulting from a shopping cart accident at one of their stores. Crashenburn claims that due to Buy-Mor's failure to properly maintain and line up their shopping carts, the carts violently struck her, causing her to fall and a soda stand to fall on her head. As a result, Crashenburn suffered massive injuries and incurred medical expenses. She is seeking over $75,000 in damages from Buy-Mor for their negligence.
Sample opposition to motion to vacate in California with an attorney affidavi...LegalDocsPro
This document is an opposition to a motion to vacate a default judgment. It argues that the motion to vacate should be denied for the following reasons: (1) the motion is untimely as it was filed more than 6 months after the default judgment was entered, exceeding the statutory limit; (2) the required affidavit of fault from the attorney is not included; and (3) the attorney is attempting to cover up for the client's fault. The opposition requests that the court deny the motion to vacate based on the arguments in this document, an accompanying memorandum of points and authorities, and a supporting declaration.
Sample complaint for fraudulent transfer in CaliforniaLegalDocsPro
This sample complaint for fraudulent transfer in California includes a cause of action under the Uniform Voidable Transactions Act found in Civil Code section 3439 et seq., and also includes causes of action for common law fraudulent transfer as well as violations of the California bulk sale law. The sample document on which this preview is based is 10 pages and includes brief instructions and a verification. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and also collected unpaid California judgments for over 20 years and has used this sample for many years.
Sample opposition to rule 56 motion in united states district courtLegalDocsPro
This document is an opposition to a motion for summary judgment filed in United States District Court. It argues that summary judgment should be denied because there are genuine disputes of material fact regarding who breached the contract at issue, whether fraud was committed, and whether declaratory relief is warranted. The opposition maintains the court must view facts in the light most favorable to the non-moving party and that because material factual disputes exist, the defendant is not entitled to judgment as a matter of law.
1. The document is a notice from a complainant to a trader regarding defects in goods purchased. It details the transaction, defects observed, failure of the trader to address the issues despite complaints, and financial losses incurred.
2. The complainant calls upon the trader to remove defects, replace goods, return payment, or pay compensation within a certain number of days, otherwise legal proceedings will be initiated.
3. An annexed model complaint format is provided to guide filing a complaint with the District, State, or National Consumer Disputes Redressal Forum against the trader regarding the defective goods transaction.
This document is a summons and notice of a pretrial conference from the United States Bankruptcy Court for the District of New Jersey regarding an adversary proceeding. It summons the defendant to submit a motion or answer to the attached complaint within 30 days. It also notifies the defendant that a pretrial conference will be held at the court on a specified date and time, and that failure to respond could result in a default judgment. It provides the relevant case numbers, names of the plaintiff and defendant, and contact information for the court and plaintiff's attorney.
Sample California complaint for unfair business practicesLegalDocsPro
This sample California complaint for unfair business practices pursuant to California Business and Professions Code Sections 17200, et seq., which is known as the Unfair Competition Law or UCL. The sample contains causes of action for fraud and conversion. The sample could be modified to add other causes of action as well. This is a preview of the sample complaint sold by LegalDocsPro.
Sample california complaint for real estate fraud against seller, broker and ...LegalDocsPro
This sample California complaint for real estate fraud contains causes of action for breach of contract, failure to disclose in a Real Estate Transfer Disclosure Statement and fraud by concealment. The sample names the seller, broker and agent as defendants and includes brief instructions.
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This document is a Request for Judicial Intervention regarding a legal case. It provides information such as the court and index number, the plaintiff(s) and defendant(s), and the nature of the judicial intervention being requested, which is for a preliminary conference. It also indicates the nature of the action/proceeding, which is a products liability case. Additional details provided include whether the action seeks equitable relief, personal injury recovery, or property damage recovery.
The defense attorney for Christian J. Nykian submitted a request for a Bill of Particulars to the Genesee County District Attorney regarding indictment number 5608 against their client. The request asks the prosecution to specify whether they intend to prove that Mr. Nykian acted as a principal, accomplice, or both in relation to all charges. It also asks the prosecution to provide more specificity about the nature and location of the alleged incident to help the defense prepare for trial. The defense attorney requests that any refusal to provide the requested information be made in writing within 15 days.
This document is a plaintiff's partial exhibit list for a medical malpractice case in the Supreme Court of New York County. It lists 18 potential exhibits plaintiffs may introduce, including the infant's medical records from birth through treatment, hospital protocols, and demonstrative exhibits. The exhibits document the labor and delivery, fetal heart monitoring, birth, initial care of the newborn, medical imaging and bills for the infant plaintiff's treatment.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms for those who already suffer from conditions like depression and anxiety.
This document is a summons and verified complaint filed in the Supreme Court of [Insert County] by plaintiff [Insert Plaintiff's Name] against defendant [Insert Defendant's Name]. It alleges that on [Insert Date] in [Insert City/Town], the defendant negligently operated their vehicle causing a collision that injured the plaintiff. The plaintiff is seeking monetary damages up to [Insert Amount] for serious injuries suffered in excess of basic economic loss as defined by New York insurance law. The attorney for the plaintiff has verified the facts in the complaint are true except those stated to be on information and belief.
This document is a memorandum of law in support of a motion to suppress evidence filed on behalf of defendant Meshiha Boatwright. It argues that Boatwright was illegally seized by police officers in violation of the Fourth Amendment. Specifically, it contends that the officers lacked reasonable suspicion to stop Boatwright as he entered an apartment building where he was an invited guest. The memorandum aims to contradict the police report describing the events and provide Boatwright's version of facts, asserting he did nothing suspicious to justify being detained. If the court finds the initial seizure unlawful, the memorandum argues all evidence obtained as a result must be suppressed.
This judicial subpoena duces tecum orders the recipient to provide records by a specified deadline. It commands the recipient to make available or deliver copies of certain documents that are described. The subpoena notes that non-compliance is punishable as contempt of court. It was issued by a judge and signed by an attorney representing one of the parties in a court case.
This document is an application for an index number from the Erie County Clerk in Buffalo, New York. It requires the applicant to provide information including the title of the action or proceeding, the type of action, and the names and addresses of attorneys for the plaintiff/petitioner and defendant/respondent. The clerk will then endorse the assigned index number on all papers pertaining to the action.
This document is a form authorizing the release of a patient's health information pursuant to HIPAA regulations. It allows the patient to specify what health information can be released, to whom, and for what timeframe or purpose. The patient can authorize the release of their medical records, including information related to mental health, substance abuse, HIV, and other sensitive health details by initialing the relevant boxes. Signing the form is voluntary and will not affect their treatment or benefits. The recipient of the health information is barred from redisclosing certain sensitive information without additional authorization.
This document is a demand for discovery from the prosecution in a pending criminal case. It requests 9 categories of information under the Criminal Procedure Law to help prepare the defense, including any written or oral statements by the accused, reports of physical or mental examinations, photographs related to the case, and any exculpatory evidence. It also demands disclosure of evidence that could affect witness credibility. The prosecution is given 15 days to provide the requested materials.
This document is an authorization form for the release of a patient's health information according to HIPAA rules. It allows the patient to specify what health information can be released, to whom, and for what purpose. The patient acknowledges their right to revoke authorization and understands that information released may be redisclosed by the recipient. They also acknowledge being informed that signing is voluntary and will not affect their treatment or eligibility for benefits.
1. STATE OF NEW YORK
SUPREME COURT COUNTY OF [Insert County]
___________________________________________
[Insert Caption]
Plaintiffs, SUMMONS
Index No.: [Insert Index Number]
vs.
Defendants.
___________________________________________
To the above named defendants:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiffs’ attorneys a
verified answer to the verified complaint in this action within twenty days after the service of this
summons, exclusive of the day of service, or within thirty days after service is complete if this
summons is not personally delivered to you within the State of New York. In case of your failure
to answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: [Insert Date]
______________________________
[Name of Attorney]
[Name of Law Firm]
Attorneys for Plaintiffs
[Address]
[Telephone Number]
Trial is desired in the County of [Insert County].
The basis of venue designated above is that Defendants maintain their business in the County of
[Insert County].
2. STATE OF NEW YORK
SUPREME COURT COUNTY OF [Insert County]
___________________________________________
[Insert Caption]
Plaintiffs, VERIFIED COMPLAINT
Index No: [Insert Index Number]
vs.
Defendants.
___________________________________________
Plaintiffs, [Insert Name] and [Insert Name], by and through their attorneys, [Name of Law Firm],
as and for a Verified Complaint against the defendants allege that at all time hereinafter
mentioned:
1. Plaintiffs are residents of the County of [Insert County], State of New York.
2. Plaintiffs are the natural mother and father of the infant decedent, [Insert Name].
3. The infant, [Insert Name] was born on [Insert Date].
4. The infant, [Insert Name] died on [Insert Date].
5. On [Insert Date] by Order and Decision of the Surrogate of the County of [Insert
County], [Insert Name] was granted Limited Letters of Administration for the Estate of
[Insert Name of Decedent], Deceased.
6. Upon information and belief, [Insert Name of Hospital] is and was a Corporation with a
principal place of business in [Insert County] County, State of New York.
7. Upon information and belief, defendant, [Insert Name of Hospital], held itself out to the
general public in [Insert Name of City/Town], New York, and its environs, to be a
competent and skilled medical care facility for patients for the purpose of providing and
rendering medical care and treatment.
8. At all times material herein, the defendant, [Insert Name of Doctor] was and is licensed
to practice medicine in the State of New York.
9. At all times material hereto, defendant, [Insert Name of Doctor], confined his medical
practice to the specialty of [Insert Specialty Area of Practice].
3. 10. At all times material hereto, defendant, [Insert Name of Doctor], held himself out to the
parents of [Name of Infant] as being a physician who was competent and qualified in the
field of [Insert Specialty Area].
11. At all times material herein, the Defendant [Insert Name of Doctor], was and is licensed
to practice medicine in the State of New York.
12. At all times material hereto, defendant, [Insert Name of Doctor], held himself to the
parents of [Insert Plaintiff’s Name] as being a physician who was competent and
qualified to practice medicine.
13. One or more of the exceptions set forth in CPLR Section Sixteen Hundred Two applies to
this action or claim for damages.
14. Plaintiffs’ decedent, [Insert Name of Decedent], received hospital and nursing care,
treatment, examinations, emergency room care, and surgical procedures and or operations
at the defendant, [Insert Defendant Hospital’s Name], through its physicians, agents,
servants, employees, associates and subcontractors from [Insert Date of Treatment]
through [Insert Date].
15. Plaintiffs’ decedent, [Insert Infant Plaintiff’s Name], received medical care and treatment,
surgical procedures and examinations from the Defendant, [Insert Defendant Doctor],
from approximately on or about [Insert Date], and received medical care and treatment,
surgical procedures and preparations, and examinations, up to and including [Insert Date
of Treatment] through [Insert Date].
16. Plaintiffs’ decedent, [Insert Decedent’s Name], received medical care and treatment,
surgical procedures and preparations, and examinations from the Defendant, [Insert
Doctor’s Name], from [Insert Date of Treatment] to the date of the plaintiff’s decedent,
[Insert Infant Plaintiff’s Name]’s death, on [Insert Date of Death].
AS AND FOR A FIRST CAUSE OF ACTION
17. Plaintiffs repeat and reallege those allegations of the complaint marked and designated
herein as paragraphs “1” through “16” with the same force and effect as if herein set forth
at length and further allege that:
18. The Defendants, individually and/or jointly and severally, through their agents, servants,
employees, associates and/or subcontractors carelessly and negligently rendered medical
care and treatment to the plaintiffs' decedent, which care and treatment was not in
accordance with good and accepted medical practice.
19. By reason of the above, plaintiffs' decedent, [Insert Name of Decedent], was caused to
sustain severe and irreparable personal injury and damages, and conscious pain and
suffering before his death.
4. 20. By reason of the foregoing, the plaintiff has been damaged in a sum of money having a
present value which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction of this matter.
AS AND FOR A SECOND CAUSE OF ACTION
21. Plaintiffs repeat and reallege those allegations of the complaint marked and designated
herein as "1" through "16”, and “17” through “20”, with the same force and effect as if
herein set forth at length and further allege:
22. As a result of the injuries sustained by the plaintiff’s decedent due to the defendants'
negligence, [Insert Decedent’s Name] died on [Insert Date of Death], with resulting
pecuniary loss, funeral expenses, and other damages.
23. By reason of the foregoing, the plaintiffs sustained damages in a sum of money having a
present value that exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction of this matter.
AS AND FOR A THIRD CAUSE OF ACTION
24. Plaintiffs repeat and reallege those allegations of the complaint marked and designated
herein as "1" through "16”, “17” through “19”, and “21 through “23”, with the same force
and effect as if herein set forth at length and further allege:
25. That at no time during the aforesaid care and treatment rendered by the defendants were
the plaintiffs ever advised, either orally or in writing, of the possible risks and dangers,
nor the possibility of permanent damage occurring to the decedent's body, with regard to
the care being rendered or withheld, nor were the plaintiffs ever advised that the
plaintiffs’ decedent may suffer severe personal damages and death, and had the
defendants or their agents, servants, employees, associates or subcontractors informed or
advised the plaintiffs of the possible risks and dangers involved, the plaintiffs would not
have been lulled into a false sense of security and would not have consented to the
treatment rendered or withheld, or the advice given, which resulted in the death of the
plaintiffs' decedent and the damages sustained by the plaintiffs herein.
26. That reasonably prudent persons in the plaintiffs’ position would not have chosen to have
the treatment rendered or withheld, or accepted the advice given, if the plaintiffs had been
fully informed, and such lack of informed consent was a proximate cause of the injuries
and damages for which recovery is sought.
27. By reason of the foregoing, plaintiffs have been damaged in a sum of money having a
present value that exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction of this matter.
5. AS AND FOR A FOUTH CAUSE OF ACTION
28. Plaintiffs repeat and reallege those allegations of the complaint marked and designated
herein as "1" through "16”, “17” through “19”, “21” through “23”, and “24” through
“27”, with the same force and effect as if herein set forth at length and further allege:
29. Plaintiffs, [Insert Name of Plaintiff(s)], Individually, are the parents of the infant
decedent, [Insert Decedent’s Name], at the time these causes of action arose, and as such,
were entitled to the services of their child.
30. That by reason of the injuries and consequential death of the decedent that occurred as a
result of the defendants' negligence, the plaintiffs, [Insert Plaintiffs Names], have been
deprived of the services of their child, [Insert Decedent’s Name].
31. By reason of the foregoing, the plaintiffs, [Insert Plaintiffs Names] have been damaged in
a sum of money having a present value that exceeds the jurisdictional limits of all lower
courts, which would otherwise have jurisdiction of this matter.
WHEREFORE, plaintiffs demand judgment against the defendants:
a. On the First Cause of Action, in a sum of money having a present value which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter;
b. On the Second Cause of Action, in a sum of money having a present value which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter;
c. On the Third Cause of Action, in a sum of money having a present value which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter;
d. On the Fourth Cause of Action, in a sum of money having a present value which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this
matter;
e. Together with the costs and disbursements of this action, and
f. Such other and further relief as to the Court may seem just and proper.
DATED: [Insert Date]
___________________________
[Name of Attorney]
[Name of Law Firm]
Attorneys for Plaintiffs
[Address]
[Telephone Number]
6. VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF__________ )
_________________________, being duly sworn, deposes and says that deponent is the
attorney for the plaintiffs in the within action; that deponent has read the foregoing complaint
and knows the contents thereof; that the same is true to deponent's own knowledge, except as to
the matters therein stated to be alleged on information and belief, and that as to those matters
deponent believes it to be true. This verification is made by deponent instead of the plaintiff
because the plaintiff is not within the county where deponent maintains his offices.
As to those matters alleged upon information and belief, the source of deponent's
information and the grounds for deponent's belief are investigative materials and records
contained in deponent's file.
_______________________________
Sworn to before me this
_____ day of __________, ____.
______________________________
Notary Public/State of New York
7. VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF__________ )
_________________________, being duly sworn, deposes and says that deponent is the
attorney for the plaintiffs in the within action; that deponent has read the foregoing complaint
and knows the contents thereof; that the same is true to deponent's own knowledge, except as to
the matters therein stated to be alleged on information and belief, and that as to those matters
deponent believes it to be true. This verification is made by deponent instead of the plaintiff
because the plaintiff is not within the county where deponent maintains his offices.
As to those matters alleged upon information and belief, the source of deponent's
information and the grounds for deponent's belief are investigative materials and records
contained in deponent's file.
_______________________________
Sworn to before me this
_____ day of __________, ____.
______________________________
Notary Public/State of New York