When an unverified opposition to a motion is unverified or unverified, does the court have any authority to dismiss the opposition?
California, United States of America
The following excerpt is from Motion Picture & T.V. Fund Hospital v. Superior Court of L.A., 105 Cal.Rptr.2d 872, 88 Cal.App.4th 488 (Cal. App. 2001):
When an unverified opposition contains new or different facts, not contained in the verified petition or the record, those facts will be ignored. (Shaffer v. Superior Court (1995) 33 Cal.App.4th 993, 996, fn. 2.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
In what circumstances will the court dismiss a motion to dismiss the case on its own motion? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the presumption of prejudice in the context of a motion to dismiss a motion for contempt of court? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
