CiteTEXT
...Amended Complaint (Doc. #13). He also filed an "Instant Motion to Disqualify District Judge for Bias and Prejudice Per CCP 170 [etc.] and Change of Venue." In a April 21, 2009 Order, the Court denied the...Per CCP 170 [etc.] and Change of Venue" and filed a Notice of Appeal of the Court's April 21st Order denying the Motion to Disqualify. In a May 1, 2009 Order, the Court denied the second Motion to...
...in the office of the county clerk a document bearing the caption of the divorce case and entitled "Objection to judge on grounds of disqualification (CCP 170)."
...that this proceeding might be heard by a judge from out of the county. The record, cryptic as it is, will not support that interpretation.
Code of Civil Procedure section 170..." must be taken at face value, as regularly made, truly reflecting a proper decision made by the judge in accordance with the applicable statute, which is section 170 [1b] This brings us to the...
...errors included: (1) "[p]rospectively ordering that no CCP 170 may be filed against [the court]"; (2) "[f]ailing to [a]ddress...CCP 170 challenge(s) within 10 days[, which] is a waiver and consent to disqualification"; (3) "[f]ailing to order the case transferred from Orange County to Los Angeles"; (4...
...complaint should have been granted. The appellant also purports to appeal separately "from a denial by the trial court of plaintiff's motion under CCP 170 [subdivision] 4, and the refusal...of the trial judge to disqualify himself after motion by plaintiff under section 170 [subdivision] 4 of the California Code of Civil Procedure," but as there is no direct appeal from.... At that time the procedure required by section 170 of the Code of Civil Procedure was not followed. Counsel for plaintiff stated that Judge Borton was disqualified for the reason...
MOTIONS (Beta)
...claim at its proper time and in the proper manner. For this reason it is now too late for him to allege that the defendant was disqualified under CCP Section 170. His failure to urge at the earliest...involving the plaintiff. He cites Section 170 of the California Code of Civil Procedure as authority for this proposition.
An examination of that section reveals that there is no...McGuiness was a defendant in a law suit brought by Mr. Arnold would only be a ground for claiming that the Judge was disqualified for bias or prejudice under Section 170(5). However, in the absence of...
..." within the meaning of CCP 170. But here in our case, there is no showing that the Judge has any interest in any company holding anything...the operation of a nuclear reactor by the United States as is evidenced in particular by section 170 of the Atomic Energy Act of 1954, as amended; and
Whereas...
...statute (CCP § 170 ) and the canons (Code of Judicial Ethics Canon 3B(1)) to hear and decide all matters in which they are not disqualified, and they may be disciplined for improper recusal [citation...section 170 of the Code of Civil Procedure, the facts alleged in the statement must be taken as true.” The time period within...’ and to be ‘signed by all parties and their attorneys and filed in the record.’ (§ 170.3, subd. (b)(1).) No such waiver exists in the present case.” This, I submit, is simply wrong, as section 170 (b)(1...
.... We now deny the petition.
The question presented is whether an action may be dismissed under Code of Civil Procedure section 583, subdivision (b) (hereinafter CCP) while it is...pending in arbitration to which it has been ordered pursuant to the provisions of CCP section 1141.10 et seq. (judicial arbitration statutes). This is precisely the same question presented to the court in.... On July 19, 1981, the fifth anniversary of the filing of the complaint passed and on August 20, 1981, defendant made a motion to dismiss the action pursuant to the five-year rule of CCP 583...
...knowledge of disputed evidentiary facts concerning the proceeding. . . ." The California Commentary thereto states: "CCP Section 170, subdivision 5, contains the comparable California statutory...is essentially the same. It appears that the language defining the substantive standard for disqualification in regulation 20263 has been taken directly from Code of Civil Procedure section 170...Procedure section 170, subdivision 5, which allows for disqualification "by reason of bias or prejudice." Without analyzing the question, we will assume for present purposes that it is easier to prove bias...
...VERBAL WAS NOT REQUIRED
Civil Code Arts. 834-837, which once required a court appointed surveyor to file a proces verbal, were repealed and were replaced by CCP Art. 3692. Acts 169..., 170, of 1977, effective January 1, 1978. Section 8 of Act 169 expressly provided that its provisions shall apply to all boundary actions existing on the effective date of the Act. The official...comments under CCP 3692 state that the formalities required by CC Arts. 834 through 837 are eliminated "as unnecessary"; [and that] the court may regulate the manner in which the surveyor performs his...
...California Code of Civil Procedure ("CCP") § 697.310 (Deering 2002).
On November 10, 1998, Proulx served Burns with the Superior Court's "Order to Appear for Examination" ("ORAP") and..., pursuant to CCP § 708.110(d) (the "ORAP Lien"). Pursuant to the Turnover Order, Burns was required to turn over to the Marshal of San Diego County any settlement monies due her from the District Court...have a judicial lien and a lien in a pending action pursuant to CCP § 708.410. These lien theories were denied by the bankruptcy court and have been abandoned in this appeal. Branam v. Crowder (In re...
...grounds that the motion and security therefor were not furnished timely as required by CCP Article 2087.
The chronology of events leading up to the instant motion are as follows...capacity to object to Voth's appeal because we can dismiss the appeal on our own motion in the event we find that the same is defective and that we lack jurisdiction. CCP Articles 1974, 2087, 2124. Britt...v. Brocato, La. App., 170 So.2d 516; Blanks v. S. H. Kress Company, La. App., 204 So.2d 722...
..., 170 L.Ed.2d 519 (2008). CCP can be indicated "by circumstances showing such facts as advance procurement of a weapon, lack of resistance or provocation, and the appearance of a killing...retrial; specifically issue 3 regarding the suppression of the confession, issue 7 regarding the CCP instruction issue, and issue 8 regarding the photos..., Calculated, and Premeditated Aggravator
Next, Welch argues that the trial court erred by instructing the jury on the cold, calculated, and premeditated (CCP) aggravating...
..., 620 So.2d 165, 170 (Fla. 1993). Obviously, the spontaneous and emotional decision to kill in the present case cannot pass muster as CCP under the standard...was committed in a cold, calculated, and premeditated manner (CCP).
The court found that Lawrence cooperated with police....
Lawrence claims that the court erred in the following matters: 1) proportionality; 2) finding CCP; 3) instructing on CCP...
...
MEMORANDUM OPINION SUSTAINING, IN PART, DEBTOR'S OBJECTION TO CLAIM NO. 35 OF CCP SP HOTEL, LLC
Caryl E. Delano Chief United Stares Bankruptcy Judge
THIS CASE...came before the Court on February 9 and 10, 2021, for trial of Debtor's Objection to Claim No. 35 Filed by CCP SP Hotel, LLC. On...").
As described below, CCP SP Hotel, LLC ("CCP") acquired Valley's claims and filed Claim 35 (the "CCP Claim") to amend and update the proofs of claim filed by Valley. The CCP Claim consists of...
...communications path from first point 170 to second point 172, first point 170 will signal Telecommunications System 110 that it requests the communications path. This signaling is directed to CCP 120...1 of the '3,561 patent not indefinite, because "[t]he specification discloses, as an embodiment of a 'processing system,' the CCP and provides details about how it functions to 'select[] the...specification describes, with reference to figure 1, the role of the communication control processor ("CCP") in establishing communications paths:
On a standard call that establishes a...
...Civil Procedure ("CCP") § 697.310 (Deering 2002).
On November 10, 1998, Proulx served Burns with the Superior Court's "Order to Appear for Examination" ("ORAP") and "Turnover...Order In Aid of Execution" ("Turnover Order"). The ORAP was an aid in the enforcement of the judgment and created a lien of one year's duration on Burns' nonexempt personal property, pursuant to CCP...had no lien in the Cash Fund.
Proulx also claimed to have a judicial lien and a lien in a pending action pursuant to CCP...
...Ostrovsky's demurrer to the first amended complaint is sustained without leave to amend. An action to renew the judgment under CCP section 683.050 would not have violated the stay resulting from...Defendant Ostrovsky's bankruptcy. Barnett (1985) 170 Cal.App.3d 1079, 1092 [217 Cal.Rptr...]. Therefore, no tolling occurred as a result of that stay and this action is time barred under the ten year period of CCP section 337.5(3). Ibid." The action was dismissed with prejudice...
...[ 247 P.2d 54]; Cal. Administrative Mandamus (Cont.Ed.Bar 1989) Scope of Review Under CCP § 1094.5, § 4.137, pp. 183-184.) But the substantial...Personnel Bd. (1980) 113 Cal.App.3d 617, 631 [ 170 Cal.Rptr. 54]; see also Cal.... Administrative Mandamus, supra, Scope of Review Under CCP § 1094.5, § 4.104, p. 161.) This is particularly true in those circumstances where reasonable minds may differ. Thus, as we noted in Thompson...
...990 Schedule B. The Center for Competitive Politics (CCP), a non-profit educational organization under § 501(c)(3), brings this lawsuit under 42 U.S.C.... § 1983, seeking to enjoin the Attorney General from requiring it to file an unredacted Form 990 Schedule B. CCP argues that disclosure of its major donors' names violates the right of free association...guaranteed to CCP and its supporters by the First Amendment.
CCP appeals the district court's denial of CCP's motion for a preliminary injunction to prevent the Attorney General from...