What is the test for making a claim against a defendant in a civil matter?
California, United States of America
The following excerpt is from Herick v. Municipal Court, 8 Cal.App.3d 967, 87 Cal.Rptr. 646 (Cal. App. 1970):
9 The opinion refers to a 'case-made.' This appears to be a record furnished to the appellate court very similar to our settled statement. (Thompson v. Fulton, 29 Okl. 700, 119 P. 244.)
10 If the petition is adequate and a hearing is ordered, counsel must then be appointed to represent the defendant at the hearing. (People v. Shipman, Supra, 62 Cal.2d at 232--233, 42 Cal.Rptr. 1, 397 P.2d 993.)
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