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  • Distinction between CCP 1013 and CCP 1005 (b); CCP 1013 not applicable . . .
    So CCP 659, states in part that, "The time above specified shall not be extended by order or stipulation or by those provisions of Section 1013 of this code which extend the time for exercising a right or doing an act where service is by mail" However, it seems that the time for notice would still be extended by 5 days when served by mail by CCP 1005 (b), which states in part "However, if the
  • California -- Proof of Service - CCP 1013 (a), 2015. 5 -- What if a . . .
    California -- Proof of Service - CCP 1013 (a), 2015 5 -- What if a Memorandum of Costs after judgment was sent to wrong attorney?
  • When counting the 45 days on a Motion to Compel, are holidays excluded . . .
    When counting the 45 days on a Motion to Compel, are holidays excluded and do I count an additional 5 days (CCP 1013 (a))? I am a defendant in a credit card collection action The plaintiff replied to my interrogatories on 11 18 However, there are claims that the contract was attached to the responses, but there is no evidence of any
  • Is a proof of service defective if it does not state the date of . . .
    Under CCP § 1013 (a) “Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service
  • Amended Complaint if mail served - Legal Answers - Avvo. com
    Do the usual extensions for mail service apply pursuant to CCP 1013 for responding answering if amended complaint is mail served (i e +5 days for 1st class mail, +2 days for express mail)???
  • Is the l d to accept 998 w n 30 days of opp’s execution of offer or 30 . . .
    A CCP § 998 offer must be accepted within 30 days “after it is made ” The offer is “made” when served by mail CCP § 1013 (a) extends for at least 5 calendar days the time for “exercising any right or performing any act” in response to a notice or paper served by mail Therefore, the offeree has at least 35 days within which to accept a mailed offer Poster v Southern Calif
  • Is CCP § 1013 applicable to CCP § 418. 10 (b)? - Legal Answers - Avvo. com
    Per CCP § 418 10 (b) a defendant’s time to plead is extended to 15 days after service of the notice of entry of order denying his motion to quash Is CCP § 1013 applicable, is 5 more days added if this is served from an address in CA to an address in CA? So 20 days if served by mail?
  • ∆s filed served by MAIL a Motion to Dismiss Appeal before Record (CRC . . .
    Wrong CCP 1013 (a) provides a five-day extension for service by mail IF your deadline is calculated from the date of SERVICE of the paper to which you're responding The date for responding to a motion in the Court of Appeal is "within 15 days after the motion is FILED " (CRC 8 54 (a) (3) ) So CCP 1013 (a) doesn't apply
  • Does CCP 1005 apply Motion for JNOV or Motion for New Trial?
    However from my reading, it does not seem that a Motion for a New Trial or Motion for JNOV is listed as one of the motions that CCP 1005 applies to, and hence I assume that CCP 659 which states, "The time above specified shall not be extended by order or stipulation or by those provisions of Section 1013 of this code which extend the time for
  • Are Responses to RFA, RFP, etc. due in 30 days plus 5 days . . . - Avvo. com
    (CCP § 1013 (b) ) (These deadlines are frequently extended by agreement ) So the answer to your question is "yes " You have 35 days if you were served discovery by regular mail; and 30 (calendar) plus 2 court days if served by overnight mail





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