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O'Connor's California Practice * Civil Pretrial 2014

O'Connor's California Practice * Civil Pretrial 2014

By David I. Levine, Michol O'Connor, William R. Slomanson
Update frequency: Annually
Free update period: 60 days before next edition is released
Format: Softbound portable book
Dimensions: 7.5" x 10"
Page Count: 1512
ISBN: 978-1-59839-186-2
$128.25 Non-subscription price

$95.00 Subscription price

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For decades, California attorneys have been buying the same old pretrial procedure manuals thinking that’s all they ever need for their civil practice. Here’s a fact: those books haven’t changed much in style, form, or function since they were originally written, but the practice has. So it’s time for a fresh take on civil procedure—O’Connor’s California Practice * Civil Pretrial 2014.

With its detailed commentaries and unique chronological structure, this comprehensive yet portable book will guide you step by step through the maze of procedural rules and statutes. It will keep you off the computer and out of the library, saving you time and money. And best of all, it will make you feel smart. When’s the last time you felt that way after reading a procedure manual?

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  • Become a procedure expert. Over 1,100 pages of commentaries explain—in plain English—the procedural requirements for each phase of litigation, from pleadings and discovery to default, dismissal, and summary judgment. Plus, the book includes the entire Evidence Code, fully annotated with key cases. No other practice guide contains so much in one volume.
  • File with confidence. You’ll get detailed, accurate information on what you need to include in pleadings, motions, discovery requests, and more. You’ll also get clear explanations of when to file and serve your documents so you won’t miss any deadlines.
  • Find answers fast. The book is designed with handy tabs, bold headings, and organizational numbering so you won’t waste time flipping through pages to get what you need.
  • Practice what we preach. Highlighted practice tips help you read between the lines of the law so you can understand how it really works. And caution notes identify danger areas and help prevent embarrassing procedural errors—or worse.
  • Keep up to date. You can count on O’Connor’s for a clear yet comprehensive discussion of the latest developments in civil procedure—including e-discovery. And the entire book is the most up-to-date on the market, so you’ll stay on top of all the recent legislation, rule amendments, and court opinions.
Chapter 1: General Concepts
A. Introduction to California Civil Procedure
B. Papers, Forms, Declarations & Affidavits
C. Pleading Practice
D. Law & Motion Practice
E. Ex Parte Practice
F. Filing Documents
G. Serving Documents
H. Hearings
I.  Rulings & Orders

Chapter 2: Attorneys & Judges

A. Application to Appear Pro Hac Vice
B. Attorney’s Withdrawal or Removal
C. Motion to Disqualify Attorney
D. Motion & Statement to Disqualify Judge
E. Stipulation or Motion for Reference

Chapter 3: Plaintiff’s Lawsuit
A. Before Suit
B. Parties & Claims
C. Plaintiff’s Original Complaint
D. Interpleader
E. Choosing the Court—Subject-Matter Jurisdiction
F. Choosing the Court—Venue
G. Joining the Defendant—Personal Jurisdiction
H. Joining the Defendant—Service of Process

Chapter 4: Defendant’s Responses & Pleadings
A. Overview
B. Answer
C. Cross-Complaint
D. Challenging Subject-Matter Jurisdiction
E. Motion to Transfer or Change Venue
F. Forum Non Conveniens
G. Motion to Quash Service of Summons
H. Demurrer
I. Motion for Judgment on the Pleadings
J. Motion to Strike
K. Special Motion to Strike—Anti-SLAPP Motion
L. Special Motion to Strike—Anti-SLAPPback Motion

Chapter 5: Pretrial Motions
A.Civil Case Management
B. Motion for Preference
C. Intervention
D. Motion to Reclassify
E. Shortening Time
F. Extending Time
G. Motion for Reconsideration or Renewal
H. Relating, Consolidating & Coordinating Cases
I. Requests for Continuance or Stay
J. Request for Judicial Notice
K. Motion for Sanctions
L. Excluding Expert Testimony

Chapter 6: Discovery & Privileges
A. Scope of Discovery
B. Attorney-Related Privileges
C. Business-Related Privileges
D. Spousal Privileges
E. Medical Privileges
F. Personal Privileges
G. Journalist Privileges & Immunities
H. Government Privileges
I. Mediation Exemption

Chapter 7: Methods of Discovery
A. Rules for Conducting Discovery
B. Depositions
C. Interrogatories
D. Requests for Admissions
E. Demands to Produce
F. Mental Examinations
G. Motion to Discover Financial Information
H. Electronic Discovery
I. Expert Discovery
J. Presuit Discovery

Chapter 8: Subpoenas
A. General Subpoena Information
B. Deposition Subpoenas
C. Trial & Hearing Subpoenas
D. Subpoenas for Personal Records
E. Challenging & Enforcing Subpoenas

Chapter 9: Resolving Discovery Disputes
A. Discovery Sanctions
B. Motion for Protective Order
C. Motion to Quash Depositions
D. Motion to Compel Depositions
E. Motion to Compel Written Discovery
F. Motion to Compel Discovery of Medical Information
G. Motion to Enforce Deposition Subpoena for Personal Records
H. Motion for Relief from Waiver of Objections

Chapter 10: Disposition Without Trial
A. Default Judgment
B. Motion for Summary Judgment
C. Motion for Summary Adjudication
D. Motion for Summary Adjudication or Joint Stipulation
E. Voluntary Dismissal
F. Involuntary Dismissal—Delay on Prosecution
G. Involuntary Dismissal—Other Grounds

Evidence Code — fully annotated

Timetables — with key deadlines

  • Updated commentaries including relevant case law from the past year as well as changes to the Code of Civil Procedure, Evidence Code, California Rules of Court, Judicial Council Forms, and more; for example, we revised the discussions on electronic filing and electronic service to reflect recent changes to the California Rules of Court, and we added a discussion on the new privilege involving lawyer-referral services. 
  • New default-judgment chart covering all the circumstances where a plaintiff can move for default judgment.
  • Updated Evidence Code including legislative changes marked with underline and strikethrough, plus new annotations—quotes from recent cases interpreting specific Evidence Code sections.
  • New timetables to help calculate deadlines for a defendant’s demurrer to the complaint, a plaintiff’s motion for no-answer default judgment, a motion or cross-motion for summary judgment, a motion for new trial, and a notice of appeal.