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Marlene Hazlewood

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(Rev. 20, 4/13)

RELATED TEXTSEverett, Legal Secretary Federal LitigationEverett, Bankruptcy Courts & ProceduresKolczynski, Preparing for Trial in Federal Court

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CALIFORNIA LEGAL SECRETARY

First Edition, 6/86Second Edition, 5/93Revision 1, 4/94Revision 2, 4/95Revision 3, 3/96Revision 4, 3/97Revision 5, 2/98Revision 6, 4/99Revision 7, 4/00Revision 8, 4/01Revision 9, 3/02Revision 10, 3/03Revision 11, 3/04Revision 12, 5/05

Revision 13, 3/06Revision 14, 3/07Revision 15, 4/08Revision 16, 3/09Revision 17, 4/10Revision 18, 4/11Revision 19, 3/12Revision 20, 4/13

Table of Contents

1. Civil Proceedings Before Trial2. Civil Trial and Post-Trial Proceedings3. Federal Court Procedures4. Family Law5. Real Property6. Corporations7. Landlord/Tenant8. Wills and Probate

1. Civil Proceedings Before Trial

§100 Introduction§101 California Court System

§101.1 Jurisdiction§101.2 Venue§101.3 Court Structure

§102 Preparation of Legal Documents§102.1 In General

§102.1.1 Paper§102.1.2 Printing, Type Size, Style and Color of Print§102.1.3 Margins, Spacing, Numbering of Lines and Page Numbering§102.1.4 Footer§102.1.5 Exhibits§102.1.6 Binding and Hole Punching

§102.2 Format of First Page of a Pleading§102.3 Commonly Prepared Documents

§102.3.1 Affidavit and Declaration§102.3.2 Verification§102.3.3 Proof of Service

§102.4 Judicial Council and Local Court Forms§103 General Filing Procedures

§103.1 Filing Over the Counter§103.2 Fax Filing §103.3 Electronic Filing§103.4 Filing in a Branch or District Court in Counties With Multiple Superior Courts§103.5 Limitations on the Filing of Papers§103.6 Protection of Privacy

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§104 Service of Process§104.1 Personal Service §104.2 Substituted Service

§104.2.1 Substituted Service on Corporation or Unincorporated Association§104.2.2 Substituted Service on Natural Person§104.2.3 Substituted Service on Business Organization of

Unknown Form§104.3 Access to Gated Community to Serve Process §104.4 Notice and Acknowledgment of Receipt §104.5 Service on Person Outside California §104.6 Service by Publication §104.7 Summary of Effective Dates of Service§104.8 Proof of Service of Summons and Complaint

§105 Service of Notices and Papers by Mail, Express Mail, Overnight Delivery, FacsimileTransmission, Electronic Transmission, Electronic Notification and Hand Delivery§105.1 Service by Mail§105.2 Service by Express Mail or Other Overnight Delivery§105.3 Service by Facsimile Transmission§105.4 Service by Electronic Mail§105.5 Service by Hand Delivery§105.6 Summary of Effective Dates of Service§105.7 Proof of Service of Notices and Papers

§106 Computation of Time§107 Hearings and Conferences

§110 Commencing the Civil Action§110.1 Statute of Limitations§110.2 Claims Against Public Entities§110.3 Certificates of Merit

§110.3.1 Certificate of Merit for Action for Damages Arising out ofProfessional Negligence of an Architect, Professional Engineer orLand Surveyor

§110.4 Notice of Intention to Commence Action Based Upon Professional Negligence §111 Complaint

§111.1 Civil Case Cover Sheet§112 Summons §113 Appointment of Guardian Ad Litem §114 Checklist and Practice Tips Re Initial Documents to Be Filed and Served§115 Amendment to Complaint

§120 Appearance by Defendant and Default Procedures§121 Answers/Objections to Complaint

§121.1 Answer to Complaint §121.2 Demurrer to Complaint §121.3 Motion to Strike

§122 Cross-Actions§122.1 Cross-Complaint§122.2 Summons on Cross-Complaint

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§122.3 Service of Cross-Complaint and Summons on Cross-Complaint §122.4 Answer to Cross-Complaint

§123 Request for Statement of Damages §124 Case Management

§124.1 Case Management Conference §124.2 Mandatory Settlement Conference

§125 Uncontested Proceedings§125.1 Entry of Default

§125.1.1 Request to Enter Default§125.1.2 Proof of Service of Summons and Complaint and/or Cross-Complaint§125.1.3 Request for Dismissal of All Unserved and/or Doe Defendants

§125.2 Default Judgment§130 Discovery Devices and Procedures

§130.1 Procedures Pertinent to All Methods of Discovery§130.1.1 When Discovery May Be Commenced§130.1.2 Written Stipulations Regarding Discovery§130.1.3 Discovery Responses to Be Signed Under Oath§130.1.4 Service of Requests and Responses§130.1.5 Motion to Compel Further Responses§130.1.6 Retention of Discovery Requests and Responses §130.1.7 Time for Completion of Discovery

§131 Depositions §131.1 In General

§131.1.1 Place of Deposition§131.1.2 Deposition Subpoenas§131.1.3 Deposition Notices §131.1.4 Witness Fees and Costs §131.1.5 Deposition Transcript

§131.2 Taking the Deposition of a Party §131.3 Taking the Deposition of a Non-Party

§131.3.1 Personal Appearance Only§131.3.2 Production of Business Records Only§131.3.3 Testimony and Production of Business Records, Other Documents,

Electronically Stored Information or Tangible Things§131.3.4 Production of “Personal Records” of a “Consumer” and Production

of “Employment Records” of an “Employee”§131.4 Deposition Checklist: Deposition of a Party Appearance Only and/or Appear and

Produce§131.5 Deposition Checklist: Deposition of a Non-Party Personal Appearance Only§131.6 Deposition Checklist: Production of Business Records Only§131.7 Deposition Checklist: Non-Party Appearance and Production of Documents§131.8 Deposition Checklist: Production of Personal Records of a Consumer and

Employment Records of an Employee§132 Interrogatories

§132.1 Propounding Interrogatories§132.1.1 Format of Interrogatories§132.1.2 Service of Interrogatories

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§132.2 Responding to Interrogatories§132.2.1 Format of Responses to Interrogatories§132.2.2 Service of Responses to Interrogatories

§132.3 Amending Responses to Interrogatories§132.4 Summary of Procedures

§133 Requests for Admissions§133.1 Propounding Requests for Admissions

§133.1.1 Format of Requests for Admissions§133.1.2 Service of Response to Requests for Admissions

§133.2 Responding to Requests for Admissions§133.2.1 Format of Responses to Requests for Admissions§133.2.2 Service of Responses to Requests for Admissions

§133.3 Summary of Procedure§134 Production of Documents, Tangible Things, Land or Other Property, and Electronically

Stored Information for Inspection, Copying, Testing or Sampling§134.1 Format of Demand for Inspection, Copying, Testing or Sampling§134.2 Service of Demand for Inspection, Copying, Testing or Sampling§134.3 Response to Demand for Inspection, Copying, Testing or Sampling§134.4 Service of Response to Demand for Inspection, Copying, Testing or Sampling§134.5 Summary of Procedures

§135 Demand for Physical Examination of Plaintiff Seeking Recovery for Personal Injuries§135.1 Format of Demand for Physical Examination§135.2 Service of Demand for Physical Examination§135.3 Response to Demand for Physical Examination§135.4 Service of Response to Demand for Physical Examination§135.5 Summary of Procedures

§136 Bill of Particulars§140 Motions

§141 General Format§141.1 Notice of Motion§141.2 Memorandum in Support of Motion§141.3 Supporting Declarations§141.4 Additional Requirements re Specific Types of Motions

§141.4.1 Discovery Motions§141.4.2 Summary Judgment and Summary Adjudication Motions§141.4.3 Motion to Be Relieved as Counsel

§142 Obtaining a Hearing Date§143 Filing and Serving a Motion§144 Opposition and Reply Papers§145 Notice of Ruling and Proposed Order§146 Summary of Motion Procedures

§150 Judicial Arbitration and Mediation§151 In General

§151.1 Cases Exempt From Judicial Arbitration§151.2 Cases Subject to Judicial Arbitration

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§152 Initiation of Judicial Arbitration§153 The Arbitrator§154 Scheduling the Hearing§155 The Arbitration Hearing§156 The Arbitrator’s Award§157 Trial De Novo§158 Mediation

§160 Pretrial Settlement Procedures§161 Procedures to Be Followed by Plaintiff

§161.1 Court Approval of Compromise of Minor’s Claim§161.1.1 Petition to Approve Compromise of Claim§161.1.2 Order Approving Compromise of Claim§161.1.3 Order to Deposit Money into Blocked Account§161.1.4 Receipt and Acknowledgment of Order for the Deposit of Money

into Blocked Account§161.1.5 Petition and Order for Withdrawal of Funds From Blocked Account

§161.2 Notice of Settlement§161.3 Dismissal of Action

§162 Procedures to Be Followed by Defendant §162.1 Request Settlement Draft§162.2 Release in Full of All Claims

§170 Reserved§180 Miscellaneous

§181 Legal Citations§181.1 Citing Authorities§181.2 Miscellaneous Abbreviations§181.3 Table of Authorities

§182 Lis Pendens§182.1 Summary of Lis Pendens Procedures

§183 Substitution of Attorney§184 Change of Address of Attorney or Party in Pro Per

§190 Terminology, Tables and FormsLitigation Time Table and Computation of Time for Superior Court Civil CasesSample Form 102.3.2-1: VerificationSample Form 103.2-1: Facsimile Transmission Cover Sheet (Judicial Council)Sample Form 103.4-1: Civil Case Cover Sheet Addendum—Certificate of Grounds for

Assignment to Courthouse Location (Los Angeles County)Sample Form 104.4-1: Notice and Acknowledgment of ReceiptSample Form 104.8-1: Proof of Service (Summons)Sample Form 105.7-1: Proof of Service by Mail, Overnight Delivery, Facsimile and

Electronic TransmissionSample Form 105.7-2: Proof of Service—CivilSample Form 111-1: ComplaintSample Form 111-2: Judicial Council Form Complaint—Personal Injury, Property

Damage, Wrongful Death

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Sample Form 111-3: Cause of Action—General NegligenceSample Form 111-4: Cause of Action—Motor VehicleSample Form 111-5: Judicial Council Form Complaint—ContractSample Form 111-6: Cause of Action—Breach of ContractSample Form 111.1-1: Civil Case Cover SheetSample Form 112-1: SummonsSample Form 113-1: Application and Order for Appointment of Guardian Ad Litem—CivilSample Form 115-1: Amendment to ComplaintSample Form 121.1-1: Answer to ComplaintSample Form 121.1-2: Judicial Council Form AnswerSample Form 121.1-3: General DenialSample Form 122.1-1: Cross-Complaint—Personal Injury, Property Damage, Wrongful DeathSample Form 123-1: Request for Statement of DamagesSample Form 123-2: Statement of DamagesSample Form 124.1-1: Case Management StatementSample Form 125.1.1-1: Request for Entry of DefaultSample Form 125.2-1: JudgmentSample Form 131.2-1: Notice of Taking Deposition of a PartySample Form 131.2-2: Notice of Taking Deposition of a Party and Request for Production of

DocumentsSample Form 131.3.1-1: Deposition Subpoena—Personal AppearanceSample Form 131.3.1-2: Notice of Taking Deposition of Non-PartySample Form 131.3.3-1: Deposition Subpoena—Personal Appearance and Request for

Production of Documents and ThingsSample Form 131.3.4-1: Notice to Consumer or Employee and ObjectionSample Form 131.3.4-2: Deposition Subpoena—Business RecordsSample Form 132-1: InterrogatoriesSample Form 132-2: Judicial Council Form InterrogatoriesSample Form 132.1-1: Declaration for Additional Discovery (Interrogatories)Sample Form 132.2.1-1: Responses to InterrogatoriesSample Form 133-1: Requests for AdmissionsSample Form 133-2: Judicial Council Form Requests for AdmissionsSample Form 133.1-1: Declaration for Additional Discovery (Requests for Admissions)Sample Form 133.2.1-1: Responses to Requests for AdmissionsSample Form 134-1: Demand for InspectionSample Form 134.3-1: Response to Demand for InspectionSample Form 135.1-1: Demand for Physical ExaminationSample Form 135.3-1: Response to Demand for Physical ExaminationSample Form 136-1: Demand for Bill of ParticularsSample Form 136-2: Bill of ParticularsSample Form 140-1: Notice of Motion, Motion, Memorandum of Points and

Authorities and DeclarationSample Form 141.2-1: [Proposed] Order Granting Preference and Setting Case for TrialSample Form 141.4.2-1: Format for Supporting and Opposing Separate Statements of

Undisputed Material Facts in a Motion for Summary Judgment

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Sample Form 141.4.2-2: Format for Supporting and Opposing Separate Statements of UndisputedMaterial Facts in a Motion for Summary Adjudication

Sample Form 141.4.3-1: Notice of Motion and Motion to Be Relieved as Counsel—CivilSample Form 141.4.3-2: Declaration in Support of Attorney’s Motion to Be Relieved as

Counsel—CivilSample Form 141.4.3-3: Order Granting Attorney’s Motion to Be Relieved as Counsel—CivilSample Form 145-1: Notice of RulingSample Form 152-1: Election of Plaintiff for Judicial ArbitrationSample Form 156-1: Award of ArbitratorSample Form 157-1: Request for Trial De Novo After Judicial ArbitrationSample Form 158-1: ADR Information SheetSample Form 161.1.1-1: Petition to Approve Compromise of Disputed ClaimSample Form 161.1.2-1: Order Approving Compromise of ClaimSample Form 161.1.3-1: Order to Deposit Money into Blocked AccountSample Form 161.1.4-1: Receipt and Acknowledgment of Order for the Deposit of Money into

Blocked AccountSample Form 161.1.5-1: Petition for Withdrawal of Funds From Blocked AccountSample Form 161.1.5-2: Order for Withdrawal of Funds From Blocked AccountSample Form 161.2-1: Notice of Settlement of Entire CaseSample Form 161.3-1: Request for DismissalSample Form 161.3-2: Notice of Entry of Dismissal and Proof of ServiceSample Form 162.2-1: Release in Full of All ClaimsSample Form 182-1: Notice of Pendency of Action (Lis Pendens)Sample Form 182-2: Notice of WithdrawalSample Form 183-1: Substitution of Attorney—CivilSample Form 184-1: Notice of Change of Address or Other Contact Information

2. Civil Trial and Post-Trial Proceedings

§200 Trial and Judgment§201 Discovery Cutoff Dates§202 Statutory Offer to Compromise§203 Simultaneous Exchange of Expert Witness Information

§203.1 In General§203.2 Date of Service of Demand§203.3 Format of Demand§203.4 Response to Demand§203.5 Supplemental List of Expert Witnesses§203.6 Deposition of Expert Witnesses§203.7 Summary of Procedures

§204 [Reserved]§205 Witnesses and Evidence to Be Presented at Trial

§205.1 Non-Party Witnesses§205.2 Parties to the Action

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§206 Commencing the Trial§206.1 Trial Brief§206.2 Trial Exhibits§206.3 Trial by Jury

§206.3.1 Jury Fees§206.3.2 Jury Selection§206.3.3 Jury Instructions

§207 Judgment§207.1 Judgment After Trial by Jury§207.2 Notice of Entry of Judgment

§208 Memorandum of Costs§209 Appeals in Unlimited Civil Cases

§209.1 Notice of Appeal§209.1.1 Timing of Filing Notice of Appeal§209.1.2 Filing and Serving Notice of Appeal

§209.2 Record on Appeal and Notice Designating Record on Appeal§209.2.1 Reporter’s Transcript§209.2.2 Clerk’s Transcript§209.2.3 Appendix in Lieu of Clerk’s Transcript§209.2.4 Superior Court File in Lieu of Clerk’s Transcript

§209.3 Appellate Briefs§209.3.1 Contents and Format of Brief§209.3.2 Filing and Service of Brief§209.3.3 Certificate of Interested Entities or Persons§209.3.4 Stipulation or Application to Extend the Time to File Brief

§209.4 Settlement, Abandonment or Voluntary Dismissal of Appeal§209.5 Opinion of Reviewing Court§209.6 Memorandum of Costs on Appeal

§210 Reserved§220 After-Judgment Proceedings

§221 Enforcement and Collection of Money Judgments§221.1 Creation of Post-Judgment Liens

§221.1.1 Abstract of Judgment§221.1.2 Notice of Judgment Lien on Personal Property

§221.2 Examination of Judgment Debtor§221.3 Execution on Money Judgment

§221.3.1 Writ of Execution§221.3.2 Notice of Levy§221.3.3 Exemptions From Enforcement of Judgment§221.3.4 Memorandum of Garnishee§221.3.5 Summary of Procedures

§221.4 Wage Garnishment§221.4.1 Earnings Withholding Order§221.4.2 Summary of Wage Garnishment Procedures

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§222 Renewal of Judgment§222.1 Summary of Renewal of Judgment Procedures

§223 Sister State Judgment§224 Satisfaction of Judgment

§230 Terminology and FormsSample Form 202-1: Statutory Offer to CompromiseSample Form 202-2: Notice of Acceptance of Offer to CompromiseSample Form 203.3-1: Demand for Exchange of Expert Witness Information and for

Production of Expert Reports and Writing Sample Form 203.4-1: Written Exchange of Expert Witness Information Sample Form 203.4-2: Written Exchange of Expert Witness Information and Expert Witness

DeclarationSample Form 205.1-1: Civil Subpoena for Personal Appearance at Trial or HearingSample Form 205.1-2: Civil Subpoena (Duces Tecum) for Personal Appearance and

Production of Documents, Electronically Stored Information, andThings at Trial or Hearing and Declaration

Sample Form 205.2-1: Notice to Appear and Produce DocumentsSample Form 206.2-1: List of Trial ExhibitsSample Form 208-1: Memorandum of Costs (Summary)Sample Form 208-2: Memorandum of Costs (Worksheet)Sample Form 209-1: Information on Appeal Procedures for Unlimited Civil CasesSample Form 209.1-1: Notice of AppealSample Form 209.1.2-1: Civil Case Information StatementSample Form 209.2: Appellant’s Notice Designating Record on AppealSample Form 209.3.1-1: Appellant’s Brief Cover SheetSample Form 209.3.3-1: Certificate of Interested Entities or PersonsSample Form 209.3.4-1: Application for Extension of Time to File BriefSample Form 209.4-1: Abandonment of Appeal (Unlimited Civil Case)Sample Form 209.4-2: Request for Dismissal of Appeal (Civil Case)Sample Form 209.6-1: Memorandum of Costs on AppealSample Form 221.1.1-1: Abstract of JudgmentSample Form 221.1.2-1: Notice of Judgment Lien on Personal PropertySample Form 221.2-1: Application and Order for Appearance and ExaminationSample Form 221.3.1-1: Writ of ExecutionSample Form 221.3.2-1: Notice of LevySample Form 221.3.3-1: Exemptions From Enforcement of JudgmentSample Form 221.3.4-1: Memorandum of GarnisheeSample Form 221.4.1-1: Application for Earnings Withholding OrderSample Form 221.4.1-2: Earnings Withholding OrderSample Form 221.4.1-3: Employee InstructionsSample Form 221.4.1-4: Employer’s ReturnSample Form 222-1: Application for Renewal of JudgmentSample Form 222-2: Notice of Renewal of JudgmentSample Form 223-1: Application for Entry of Judgment on Sister State JudgmentSample Form 223-2: Notice of Entry of Judgment on Sister State JudgmentSample Form 224-1: Acknowledgment of Full Satisfaction of Judgment

(Rev. 20, 4/13)F-11

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3. Federal Court Procedures

§300 Introduction§310 Federal Court System

§311 United States District Courts§312 United States Court of Appeals§313 United States Supreme Court§320 General Format, Filing and Service Procedures for District Courts§321 Eastern District

§321.1 Format of Papers§321.2 Counsel Identification and Signatures§321.3 Caption and Title§321.4 Filing of Original and One Copy of Documents§321.5 Depositions§321.6 Service of Documents During the Action

§322 Northern District§322.1 Format of Papers§322.2 Caption for Consolidated Cases§322.3 General Requirements§322.4 Filing and Service of Pleadings and Other Papers§322.5 Disclosure of Non-Party Interested Entities or Persons§322.6 Service of Supplementary Material

§323 Central District§323.1 Format of Papers§323.2 Filing of Documents§323.3 Exhibits to Documents§323.4 Filing and Service of Pleadings and Other Papers§323.5 Signature of Counsel§323.6 Proof of Service§323.7 Certification as to Interested Parties

§324 Southern District§324.1 Format of Papers§324.2 Filing of Documents§324.3 Pre-Punching and Attachments§324.4 Exhibits§324.5 Interlineations§324.6 Service of Documents§324.7 Facsimile Filings

§330 Commencement of Action§330.1 Complaint§330.2 Civil Cover Sheet §330.3 Summons§330.4 Filing Fee§330.5 Disclosure Statement§330.6 Privacy Protection for Filings Made With the Court

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§331 Service of Summons and Complaint§331.1 Waiver of Service of Process by Defendant§331.2 Personal Service Upon Individual Defendants Within the United States§331.3 Service Upon Corporations and Associations Within the United States§331.4 Service on All Other Defendants

§332 Proof of Service§333 Computation of Time, Extension of Time, and Time for Motion Papers

§333.1 Computing Time§333.2 Extending Time§333.3 Motions, Notices of Hearing and Affidavits§333.4 Additional Time After Certain Kinds of Services

§340 Answers and Objections§341 Service and Filing of Pleadings and Papers Subsequent to Summons and Complaint

§350 Counterclaims, Cross-Claims, Third-Party Complaints and Answers§351 Counterclaim§352 Cross-Claim§353 Third-Party Complaint§354 Answers to Counterclaims, Cross-Claims and Third-Party Complaints

§360 Discovery§361 General Provisions Concerning Discovery

§361.1 Discovery Methods and Duty of Disclosure§361.1.1 Initial Disclosures§361.1.2 Disclosure of Expert Testimony§361.1.3 Pretrial Disclosures

§361.2 Supplementation of Disclosures and Responses§361.3 Meeting of Parties; Discovery Plan§361.4 Execution of Disclosures and Discovery Documents§361.5 Filing of Discovery Documents§361.6 Stipulations Re Discovery Procedures

§362 Depositions§362.1 When Depositions May Be Taken§362.2 Notice of Taking Deposition§362.3 Subpoena to Non-Party Witness

§362.3.1 Form and Issuance of Subpoena§362.3.2 Service of Subpoena§362.3.3 Witness Fee

§362.4 Place of Deposition§362.5 Execution of Deposition Transcript§362.6 Summary of Taking the Deposition of a Party§362.7 Summary of Taking the Deposition of a Non-Party§362.8 Summary of Compelling Production of Documents for Inspection From a Non-Party

§363 Interrogatories to Parties§363.1 Propounding Interrogatories§363.2 Number and Format of Interrogatories§363.3 Service of Interrogatories

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§363.4 Responding to Interrogatories§363.5 Option to Produce Business Records§363.6 Custody of Original Interrogatories and Answers§363.7 Summary of Procedures

§364 Requests for Admission§364.1 Propounding Requests for Admission§364.2 Number and Format of Requests for Admission§364.3 Responding to Requests for Admission§364.4 Service of Requests for Admission§364.5 Summary of Procedures

§365 Request for Production of Documents and Things and Entry Upon Land for Inspection andOther Purposes§365.1 Propounding Request for Production/Inspection§365.2 Format of Request for Production/Inspection§365.3 Service of Request for Production/Inspection§365.4 Response to Request for Production/Inspection§365.5 Service of Response to Request for Production/Inspection§365.6 Summary of Procedures

§366 Physical and Mental Examinations of Persons§370 Motions

§371 Eastern District§371.1 Format§371.2 Civil Motion Calendar and Procedures§371.3 Motions Dealing With Discovery Matters

§371.3.1 Motions re Discovery Disagreements§371.3.2 Motions re Failure to Respond

§371.4 Summary Judgment Motions§372 Northern District

§372.1 Format§372.2 Filing; Chambers Copy§372.3 Motion Papers§372.4 Opposing Papers§372.5 Reply Papers§372.6 Motions to Compel Disclosure or Discovery

§373 Central District§373.1 Format§373.2 Pre-Filing Conference of Counsel§373.3 Notice and Service of Motion§373.4 Motion Papers§373.5 Opposing Papers§373.6 Reply Papers§373.7 Summary Judgment Motions§373.8 Discovery Motions§373.9 Ex Parte Application

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§374 Southern District§374.1 Format§374.2 Motion Papers§374.3 Opposing Papers§374.4 Reply Papers§374.5 Service of Motions and Opposition by Mail§374.6 Discovery Motions

§380 Reserved§390 Checklists for Preparation, Filing and Serving Documents in District Courts in

California§391 Checklist for Eastern District

§391.1 Format of Papers§391.2 Summons, Complaint and Civil Cover Sheet§391.3 Filing and Serving Papers§391.4 Discovery Documents§391.5 Motions and Briefs

§392 Checklist for Northern District§392.1 Format of Papers§392.2 Summons, Complaint and Civil Cover Sheet§392.3 Filing and Serving of Papers§392.4 Discovery Documents§392.5 Motions and Briefs

§393 Checklist for Central District§393.1 Format of Papers§393.2 Summons, Complaint and Civil Cover Sheet§393.3 Filing and Serving Papers§393.4 Discovery Documents§393.5 Motions and Briefs

§394 Checklist for Southern District§394.1 Format of Papers§394.2 Summons, Complaint and Civil Cover Sheet§394.3 Filing and Serving Papers§394.4 Discovery Documents§394.5 Motions and Briefs

§395 FormsSample Form 330.2-1: Civil Cover Sheet Sample Form 330.3-1: Summons in a Civil ActionSample Form 330.5-1: Certification and Notice of Interested PartiesSample Form 332-1: Proof of Service of Summons and ComplaintSample Form 362.3-1: Subpoena in a Civil Action

(Rev. 20, 4/13)F-15

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4. Family Law

§400 Introduction§410 Dissolution of Marriage and Domestic Partnership

§411 Commencement of Action§411.1 Petitions for Dissolution of Marriage and Dissolution of Domestic Partnership§411.2 Property Declaration§411.3 Summons§411.4 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)§411.5 Family Law Case Cover Sheet—Certificate of Grounds for Assignment to

District (Los Angeles County)§411.6 Service of Summons and Petition§411.7 Notice and Acknowledgment of Receipt

§412 Family Conciliation Court§413 Order to Show Cause Proceeding

§413.1 Requesting Temporary Orders§413.2 Mediation§413.3 Temporary Emergency Court Orders§413.4 Checklist of Family Law Documents to Be Filed§413.5 Checklist of Family Law Documents to Be Served on the Respondent§413.6 Response to Request for Order§413.7 Order After Hearing§413.8 Earnings Assignment Order for Support

§413.8.1 Mandatory Earnings Assignment Order for Support§414 Preliminary and Final Declarations of Disclosure

§414.1 Preliminary Declaration of Disclosure§414.2 Final Declaration of Disclosure

§415 Contested Proceedings§416 Uncontested Proceedings

§416.1 Request to Enter Default§416.2 Declaration for Default or Uncontested Dissolution§416.3 Judgment§416.4 Notice of Entry of Judgment§416.5 Family Law Default/Uncontested Checklist

§417 Abstract of Support Judgment§420 Contempt Proceedings

§421 Order to Show Cause and Affidavit for Contempt§430 Modification Proceedings

§431 Request for Production of Income and Expense Declaration§432 Order to Show Cause for Modification

§440 Miscellaneous Forms and Procedures§441 Joinder of Employee Benefit Plan

§441.1 Request for Joinder§441.1.1 Summary of Procedures

§441.2 Notice of Appearance and Responses of Employee Benefit Plan

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§442 Form Interrogatories—Family Law§443 Withdrawal of Attorney of Record§444 Request for Separate Trial

§450 Terminology, Tables and FormsFamily Law Form ListSample Form 411.1-1: Petition—Marriage, Form FL-100Sample Form 411.1-2: Attachment Page, MC-025Sample Form 411.1-3: Child Custody and Visitation Application Attachment, Form FL-311Sample Form 411.1-4: Request for Child Abduction Prevention Orders, Form FL-312Sample Form 411.1-5: Children’s Holiday Schedule Attachment, Form FL-341(C)Sample Form 411.1-6: Additional Provisions—Physical Custody Attachment, Form FL-341(D)Sample Form 411.1-7: Joint Legal Custody Attachment, Form FL-341(E)Sample Form 411.3-1: Summons, Form FL-110Sample Form 411.4-1: Declaration Under Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA), Form FL-105Sample Form 411.5-1: Family Law Case Cover Sheet—Certificate of Grounds

for Assignment to District (Los Angeles County)Sample Form 411.6-1: Proof of Service of Summons, Form FL-115Sample Form 411.7-1: Notice and Acknowledgment of Receipt—Family Law, Form FL-117Sample Form 413.1-1: Request for Order, Form FL-300Sample Form 413.1-2: Request for Attorney’s Fees and Costs Attachment, Form FL-319Sample Form 413.1-3: Supporting Declaration for Attorney’s Fees and Costs Attachment,

Form FL-158Sample Form 413.1-4: Income and Expense Declaration, Form FL-150Sample Form 413.3-1: Temporary Emergency Court Orders, Form FL-305Sample Form 413.6-1: Responsive Declaration to Request for Order, Form FL-320Sample Form 413.7-1: Findings and Order After Hearing, Form FL-340Sample Form 413.7-2: Child Custody and Visitation (Parenting Time) Order Attachment, Form

FL-341Sample Form 413.7-3: Child Support Information and Order Attachment, Form FL-342Sample Form 413.7-4: Spousal, Partner or Family Support Order Attachment, Form FL-343Sample Form 413.7-5: Property Order Attachment, Form FL-344Sample Form 413.7-6: Attorney’s Fees and Costs Order Attachment, Form FL-346Sample Form 413.7-7: Child Support Case Registry Form, Form FL-191Sample Form 413.8.1-1: Earnings Assignment Order for Spousal or Partner Support, Form FL-435Sample Form 414-1: Declaration of Disclosure, Form FL-140Sample Form 414-2: Declaration Regarding Service of Declaration of Disclosure and

Income and Expense Declaration, Form FL-141Sample Form 414.2-1: Stipulation and Waiver of Final Declaration of Disclosure, Form FL-144Sample Form 415-1: Response, Form FL-120Sample Form 416-1: Marital Settlement AgreementSample Form 416-2: Appearance, Stipulations, and Waivers, Form FL-130Sample Form 416.1-1: Request to Enter Default, Form FL-165Sample Form 416.2-1: Declaration for Default or Uncontested Dissolution, Form FL-170Sample Form 416.2-2: Request for Default Setting

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Sample Form 416.3-1: Judgment of Dissolution, Form FL-180Sample Form 416.4-1: Notice of Entry of Judgment, Form FL-190Sample Form 416.5-1: Judgment Checklist—Dissolution/Legal Separation, Form FL-182Sample Form 417-1: Abstract of Support Judgment, Form FL-480Sample Form 421-1: Order to Show Cause and Affidavit for Contempt, Form FL-410Sample Form 421-2: Affidavit of Facts Constituting Contempt—Financial and

Injunctive Orders, Form FL-411Sample Form 421-3: Affidavit of Facts Constituting Contempt—Domestic

Violence/Custody and Visitation, Form FL-412Sample Form 421-4: Findings and Order Regarding Contempt, Form FL-415Sample Form 431-1: Request for Production of Income and Expense Declaration

After Judgment, Form FL-396Sample Form 431-2: Request for Income and Benefit Information From Employer,

Form FL-397Sample Form 432-1: Request for Order re Modification, Form FL-300Sample Form 441.1.1-1: Request for Joinder of Employee Benefit Plan and Order, Form FL-372Sample Form 441.1.1-2: Pleading on Joinder—Employee Benefit Plan, Form FL-370Sample Form 441.1.1-3: Summons (Joinder), Form FL-375Sample Form 442-1: Form Interrogatories, Form FL-145Sample Form 443-1: Notice of Withdrawal of Attorney of Record, Form FL-960Sample Form 444-1: Request or Response to Request for Separate Trial, Form FL-315

5. Real Property

§500 Introduction§510 Classes of Property§520 Ownership of Real Property

§521 Joint Tenancy§522 Tenancy in Common§523 Community and Quasi-Community Property§524 Separate Property

§530 Transfer of Real Property§531 Escrow§532 Title to Real Property

§532.1 Title Search§532.2 Title Insurance

§533 Deeds of Trust and Promissory Notes§534 Transfer Deeds

§534.1 Grant Deed§534.2 Quitclaim Deed

§535 Acknowledgment by Notary Public§535.1 Certificate of Acknowledgment§535.2 Jurat§535.3 Acknowledgments for Out of State Documents

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§536 Recording Documents With County Recorders§536.1 Format of Documents Submitted for Recording§536.2 Recording and Indexing Fees§536.3 Documentary Transfer Tax§536.4 Preliminary Change of Ownership Report

§537 Reconveyance of Property§540 Terminology and Forms

Sample Form 534.1-1: Grant DeedSample Form 534.2-1: Quitclaim DeedSample Form 535-1: AcknowledgmentSample Form 536-1: Mailing Addresses and Telephone Numbers for the County Recorders

of CaliforniaSample Form 536.1-1: First Page of Recorded DocumentSample Form 536.3-1: Notice of Exempt Transactions Under the Documentary Transfer TaxSample Form 536.4-1: Preliminary Change of Ownership Statement

6. Corporations

§600 Introduction§601 Corporate Classifications§602 Corporate Structure

§610 Formation of the Corporation§611 Corporate Names

§611.1 Availability of Corporate Name§611.2 Reservation of Corporate Name

§612 Articles of Incorporation§612.1 Content§612.2 Format§612.3 Fees and Taxes

§613 Summary and Practice Tips for Filing Articles of Incorporation§614 Corporation Kit§615 Minutes of First Meeting of Board of Directors§616 Bylaws§617 Issuance of Corporate Securities

§617.1 Exemptions From Qualification§617.2 Qualification of Securities§617.3 Share Certificate

§618 Statement of Information§619 Summary and Practice Tips for Completing the Incorporation of a Stock Corporation

§620 Meetings§630 Doing Business Under a Fictitious Name

§631 Procedure§632 Summary and Practice Tips for Filing Fictitious Business Name Statement

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§640 Amending Articles of Incorporation§641 Adoption of Amendment§642 Certificate of Amendment§643 Summary of Procedures

§650 Voluntary Dissolution of California Corporations§651 Election to Dissolve§652 Certificate of Dissolution§653 Tax Clearance Certificate§654 Summary and Practice Tips for Voluntary Dissolution of a California Corporation by

Shareholders§660 Terminology and Forms

Sample Form 611.2-1: Name Reservation Request FormSample Form 612.1-1: Articles of Incorporation (Stock Corporation)Sample Form 612.1-2: Articles of Incorporation (Professional Corporation)Sample Form 615-1: Waiver of Notice and Consent to Holding of First Meeting of

DirectorsSample Form 615-2: Minutes of First Meeting of DirectorsSample Form 616-1: BylawsSample Form 617.1-1: Notice of Transaction Pursuant to Corporations Code Section 25102(f)Sample Form 617.1-2: Notice of Issuance of Securities Pursuant to Subdivision (h) of Section

25102 of the California Corporations CodeSample Form 617.1-3: Declaration of Mailing of Notice of Issuance of SecuritiesSample Form 617.1-4: Cover Letter to Department of CorporationsSample Form 617.3-1: Share/Stock Certificate Sample Form 618-1: Statement of Information, Form SI-200Sample Form 630-1: Fictitious Business Name StatementSample Form 631-1: Statement of AbandonmentSample Form 643-1: Written Consent of Directors to Amendment of Articles of CorporationSample Form 643-2: Written Consent of Shareholders to Action of Board of Directors to

Amendment of Articles of IncorporationSample Form 643-3: Certificate of Amendment of Articles of Incorporation (Action by

Directors and Shareholders)Sample Form 643-4: Certificate of Amendment of Articles of Incorporation (Action by

Directors)Sample Form 651-1: Certificate of Election to Wind Up and DissolveSample Form 652-1: Certificate of Dissolution (Action by 100% of the Shareholders)Sample Form 652-2: Short Form Certificate of Dissolution

7. Landlord/Tenant

§700 Unlawful Detainer§701 Notice to Tenant§702 Commencing an Unlawful Detainer Action

§702.1 Jurisdiction§702.2 Complaint in Unlawful Detainer

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§702.3 Summons (Unlawful Detainer-Eviction)§702.4 Prejudgment Claim of Right to Possession§702.5 Summary of Procedures for Commencing an Unlawful Detainer Action

§703 Uncontested Action§703.1 Default Judgment§703.2 Writ of Execution/Possession of Real Property§703.3 Summary of Execution Procedures

§704 Contested Proceedings§710 Terminology and Forms

Sample Form 701-1: Thirty-Day Notice to QuitSample Form 701-2: Sixty-Day Notice to QuitSample Form 701-3: Three-Day Notice to Pay Rent or QuitSample Form 701-4: Declaration of Service of Notice to TenantSample Form 702.2-1: Complaint in Unlawful DetainerSample Form 702.2-2: Judicial Council Official Form ComplaintSample Form 702.2-3: Civil Case Cover SheetSample Form 702.3-1: Summons (Unlawful Detainer-Eviction)Sample Form 702.3-2: Proof of Service of SummonsSample Form 702.4-1: Prejudgment Claim of Right to PossessionSample Form 703.1-1: Declaration for Default Judgment by CourtSample Form 703.1-2: Judgment–Unlawful DetainerSample Form 703.2-1: Writ of Execution/Possession of Real PropertySample Form 703.2-2: Instructions to the Levying Officer

8. Wills and Probate

§800 Introduction§810 Wills

§811 Types of Wills§811.1 Formal Will§811.2 Holographic Will§811.3 Statutory Will

§812 Will Clauses§813 Codicils

§820 Summary Proceedings§821 Summary Administration§822 Spousal and Domestic Partner Set-Asides§823 Joint Tenancy Termination

§830 Probate Proceedings§831 In General

§831.1 Independent Administration of Estates Act§831.1.1 Actions Requiring Court Approval§831.1.2 Actions Requiring Giving Notice of Proposed Action

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§831.1.3 Actions Requiring Giving Notice of Proposed Action UnderSpecified Circumstances

§831.1.4 Actions of a Personal Representative with Full Authority§831.1.5 Procedures for Giving Notice of Proposed Action

§831.2 Jurisdiction and Venue§831.3 Verifications

§832 Procedures for Admitting Will to Probate§832.1 Filing Original Will§832.2 Petition for Probate§832.3 Probate Case Cover Sheet—Certificate of Grounds for Assignment to District

(Los Angeles County)§832.4 Notice Requirements§832.5 Proof of Will§832.6 Order for Probate§832.7 Letters Testamentary§832.8 Summary of Documents Required for Admitting a Will to Probate

§833 Administering the Probate Estate§833.1 Request for Special Notice§833.2 Creditors’ Claims

§833.2.1 Notice to Creditors§833.2.2 Preparation and Filing of Claims

§833.3 Inventory and Appraisal§833.4 Sale of Assets and Taxes

§834 Closing the Estate§834.1 First and Final Account§834.2 Notice of Hearing§834.3 Order Approving First and Final Account§834.4 Distribution of the Estate

§835 Abbreviations Used in Probate Notes§840 Terminology and Forms

Sample Form 811.1-5: Formal WillSample Form 813-1: CodicilSample Form 831.1.5-1: Notice of Proposed Action Sample Form 831.1.5-2: Waiver of Notice of Proposed ActionSample Form 832.2-1: Petition for ProbateSample Form 832.3-1: Probate Case Cover Sheet—Certificate of Grounds

for Assignment to District (Los Angeles County)Sample Form 832.4-1: Notice of Petition to Administer EstateSample Form 832.5-1: Proof of Subscribing WitnessSample Form 832.6-1: Order for ProbateSample Form 832.7-1: Letters TestamentarySample Form 832.7-2: Duties and Liabilities of Personal RepresentativeSample Form 832.7-3: Confidential Supplement to Duties and Liabilities of Personal

RepresentativesSample Form 833.1-1: Request for Special NoticeSample Form 833.2.1-1: Notice of Administration to Creditors

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Sample Form 833.2.2-1: Creditor’s ClaimSample Form 833.2.2-2: Allowance or Rejection of Creditor’s ClaimSample Form 833.3-1: Inventory and AppraisalSample Form 833.3-2: Change in Ownership StatementSample Form 834.1-1: First and Final Account and Report of Executor, Petition for

Settlement Thereof, for Allowance of Statutory Attorneys’ Fees andfor Final Distribution

Sample Form 834.2-1: Notice of HearingSample Form 834.3-1: Order Approving First and Final AccountSample Form 834.4-1: ReceiptSample Form 834.4-2: Affidavit or Declaration for Final Discharge

Glossary

Table of Forms

Table of Statutes and Rules

Index

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About the Author

Marlene Hazlewood has worked as a legal secretary and legal assistant since 1969. From 1979 through1990, she worked on a freelance basis for law firms in Los Angeles and Orange Counties, during which timeher areas of practice included federal and state court litigation, labor law, creditors’ rights, family law, pro-bate, corporate and real property. Ms. Hazlewood was employed by Sheppard, Mullin, Richter & Hamptonin Los Angeles as a litigation paralegal and was a member of the Government Contracts and RegulatedIndustries Practice Group from 1991-2003.

Marlene Hazlewood taught legal procedures at Long Beach City College from 1980-1989 and during thefall semester of 1991. She is a member of the Los Angeles Paralegal Association.

Her address is 403 W. 7th Street, No. 209, Long Beach, California 90813.

Introduction

California Legal Secretary contains basic procedures and sample forms used in civil litigation, familylaw, probate, corporations and landlord and tenant actions. In order to best serve as a reference guide and asan aide in understanding when and why certain procedures are used, sample pleadings and forms have beenpresented in the sequence in which they would appear in an action, and are preceded by definitions, back-ground information and step-by-step instructions and statements of procedure. The simple and concise man-ner in which the book has been prepared also makes it an ideal learning tool.

It is important to keep in mind that procedures and court forms may vary from county to county, and evenattorneys in the same firm may use different formats and styles. Also, the court rules and laws governing theforms and procedures described in these materials are continually undergoing revision, necessitating, insome instances, a change in a procedure and/or a new court form. This book will be supplemented on a reg-ular basis to reflect such changes. The procedures and forms contained in this book should be used onlyunder the direction and supervision of an attorney.

Marlene Hazlewood

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