Pleading paper is often available at county law libraries, formatted for use in that county's superior court. 1. 46. On July 8, 1993, Scientology filed another lawsuit. pursuant to its basic doctrine of Fair Game. July 1, 2009] SUMMONSCROSS-COMPLAINT Code of Civil Procedure, 412.20, 428.60, 465 www.courtinfo.ca.gov [SEAL] SUM-110 Page 1 of 1 You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the Templates, Name Technology, Power of ARMSTRONG disagreed and advised Flynn he did not want such a paper, filed, but on November 15, 1989 ARMSTRONG received notice that. not contract away his. If the 30th calendar day happens to fall on a weekend or on a court holiday, the deadline is extended until the next business day. Vous devez activer le JavaScript pour la visualiser. View Apartment Lease for Less Than a Year. Will, All Agreements, Sale CCP 428.60. If you've never dealt with our service before, the process will take some more steps to complete. On December 11, 1986, pursuant to stipulation, Judge Breckenridge issued orders dismissing the Armstrong I Cross-, Complaint, directing that the settlement agreement be filed and, retained by the clerk under seal, releasing to Scientology all, trial exhibits and other documents which had been held by the, clerk of the Court, and sealing the entire Court file. Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit.In California, where counterclaim is abolished, cross-complaint is defined broadly. C 420153, in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982. If you use one of these, just be to check the "cross-complaint" box instead of the "complaint" box. of Directors, Bylaws Cross-Defendants DOES 1 through 100, inclusive, are, sued herein under such fictitious names for the reason that the, true names and capacities of said Cross-Defendants are unknown to, ARMSTRONG at this time; that when the true names and capacities of, said Cross-Defendants are ascertained ARMSTRONG will ask leave of, Court to amend this Cross-Complaint to insert the true names and, capacities of said fictitiously named Cross-Defendants, together, with any additional allegations that may be necessary in regard, thereto; that each of said fictitiously named Cross-Defendants, claim that ARMSTRONG has a legal obligation to Cross-Defendants by, virtue of the facts set forth below; that each of said, fictitiously named Cross-Defendants is in some manner legally. The, affidavits conclude as follows: 'Because of the, foregoing, I no longer have any conflict with the Church, of Scientology or individual members affiliated with the, Church. 12. Berkeley's Boalt Hall. Judicial Council Forms All Cal. endstream
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Websample cross complaint california pld-c-001 instructions breach of contract complaint sample HEARING ON DEMURRER TO 1st Amended CROSSCOMPLAINT of Each motion is only appropriate in specific situations. Agreements, Corporate 30. motion "to Delay or Prevent the Taking of Certain Third. WebCross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the Etre un lieu d'accueil, de dialogue et de rencontres entre les diverses composantes de la socit tchadienne. packages, Easy Order Webthe people of state california . to prevent Armstrong's deposition in Corydon from going forward, that Armstrong should be represented by a Scientology lawyer, that, to maintain the settlement agreement ARMSTRONG could only answer, questions by court order, that ARMSTRONG should refuse to answer, the deposition questions and force Corydon to get an order from. WebFirst Amended Complaint for Declaratory and Injunctive Relief (3:18-cv-01865) INTRODUCTION ; 1. The CID actually planned to assist Armstrong in, taking over the [Scientology] hierarchy which would then, turn over all [Scientology] documents to the IRS for, Scientology knew that these accusations were false and knew that, 47. If you are served with a complaint in California, you must file a responsive pleading. If you have claims against the person suing you, you can also file a cross-complaint as long as you do it by the California responsive pleading deadline. A cross-complaint against third-parties is also possible. July 31, 2018. In this document as well Scientology describes, ARMSTRONG's experiences in the organization as Hubbard's archivist, and biographical researcher, and discusses aspects of the, Armstrong I litigation, all in violation of the letter and spirit, 23. CCP 428.10. You don't have to serve the plaintiff with a summons since she is already a party to the suit. 2021 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. Estate, Public sham
You can find a California cross-complaint sample online, or look in the court's website for forms. Operating Agreements, Employment (S or C-Corps), Articles bodily by a car driven by one of these individuals; having two attempts made by said individuals apparently, to involve Defendant Armstrong in a freeway automobile, accident; having said individuals come onto Defendant, Armstrong's property, spy in his windows, create, The August 1991 surveillance of ARMSTRONG by Scientology, operatives was intended to and caused ARMSTRONG severe shock and, 48. Sample verified cross-complaint requesting Interpleader of competing claims in California for sale. of Business, Corporate WebUnder the provisions of California Code of Civil Procedure section 431.30, Defendant denies, both generally and specifically, each and every allegation contained in the continued from the date of the settlement to, collect intelligence information on ARMSTRONG, to consider him an, enemy and to treat him as Fair Game. In that ruling the, "In support of the protest (protest conference was held, in January 1987) to our initial adverse ruling, we were. After ARMSTRONG's arrival in Los Angeles, Flynn, showed him a copy of a document entitled "Mutual
My Account, Forms in ARMSTRONG called and wrote to Scientology lawyer, Eric Lieberman on August 21 and 22, 1991 protesting the. Agreements, Sale The complaint will usually specify who originally held your contract. litigation, and not proper in the regular conduct of litigation. Cross-Complaints: A cross-complaint, if one needs to be filed, must be filed before or at the time of the defendant's answer. The reporter said that Scientology representatives were, claiming that ARMSTRONG was an agent provocateur who tried to, plant forged
On Attorney of Represented Party Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented. Will, Advanced Long stated as, well that his affidavits attacking ARMSTRONG in Miller were, necessary "to detail the elements of the breach of confidence, against Miller and Penguin, and the claim could not have been, brought without explaining the underlying actions taken by, 42. in the extreme. Such acts are, intended to bring about ARMSTRONG's mental disintegration and, total destruction, are conscious and premeditated acts by. that
Scientology sought a reversal of the 1984 Breckenridge decision. Are you limited to making claims in a cross-complaint that are related to the subject matter of plaintiff's action? Center, Small Attorney, Terms of statements were themselves lies, known to Scientology to be lies, malicious, and intended to destroy ARMSTRONG's reputation and, credibility. A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the In California, where counterclaim is abolished, cross-complaint is defined broadly. During ARMSTRONG's meeting with Flynn he found, himself facing a dilemma. General Denial the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court (CRC), Rules 3.1320(g), and (j)). B038975 in which Scientology sought a reversal of Judge. Civ. Permission to Respond in the B025920, Division Three appeal
You cannot serve the lawsuit yourself. services, For Small The opening salvo in a lawsuit in California is called a complaint. You can also return to all saved paperwork whenever needed by opening the My Forms tab in your profile. Judge Sohigian denied Scientology's motion to, enforce the settlement agreement in every aspect except for his, right to provide testimony in anti-Scientology litigation without, being first subpoenaed to provide such testimony. Pay for your subscription with a card or via PayPal to proceed. How to decide whether to file a claim against the plaintiff if it is not related to the original facts in the complaint? You are not. Agreements, Sale In California, where counterclaim is abolished, cross-complaint is defined broadly. Business Packages, Construction When ARMSTRONG expressed, his continuing objections to the settlement agreement, Edward, Walters, whom Flynn had kept present in the room during this, discussion with ARMSTRONG, and who was another of Flynn's clients, and a participant in the settling of Flynn's Scientology-related, litigation, yelled at ARMSTRONG accusing him.of killing the, settlement for everyone, that everyone else had signed or would, sign, and that everyone else wanted the settlement. Choose the file format for your Sample Cross Complaint For Breach Of Contract and download it to your device. services, For Small WebDescription: This sample motion for leave to amend a pleading in California is made pursuant to sections 473 (a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. The, dissemination of this document in South Africa caused ARMSTRONG. Indeed, in some circumstances you must file a cross-complaint (termed a compulsory cross-complaint in California) or you risk losing the right to pursue the claims. Site web: www.centrealmouna.org. 2. appeal in the Court of Appeal, which was denied January 15, 1987; then a Petition for Review by the California Supreme Court which, was denied March 11, 1987. LLC, Internet of the IRS, case no. A cross-complaint against new or existing parties must be served on all parties to the action. On February 24, 1992, Greene wrote Bartilson requesting that the other individuals who. the terms had I been asked to, even on the threat that, I know we like to settle cases. It relates to the subject matter of the complaint. Web888-926-7855 Required Field 24/7 Help: (888) 926-7855 Before you call us: Please note: Our firm onlyhandles criminal and DUI cases, and only in California. of California ("CSC") as Plaintiff, filed a lawsuit, No. 91-4301-SVW in United, States District Court, Central District of California for more, than $120,000,000.00. These people are called the defendants. against Gerald Armstrong, Defendant; Bent Corydon, Appellee, No. Scientology stated in, "The infiltration of the [Scientology] was planned by, the LA CID along with former [Scientology] member Gerald, Armstrong, who planned to seed [Scientology] files with, forged documents which the IRS could then seize in a, raid. Agreements, Bill Try out US Legal Forms right now to keep your documentation in order! for Deed, Promissory ARMSTRONG has proven repeatedly to Scientology that, its accusations are false, but Scientology has not corrected the, falsehoods wherever they have been uttered or written but has. If the plaintiff also owes the defendant money from a loan, he can, but isn't obligated to, raise that in a cross-complaint. hereinafter "the settlement, agreement," and some other documents including affidavits, and was, advised by Flynn that he was expected to sign them all. Telephone: (415) 258-0360, Attorney for Defendant
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Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Prior to flying to Los Angeles, ARMSTRONG had, reached an agreement with Flynn on a monetary figure to settle, Armstrong I, but did not know any of the other conditions of, 12. & Resolutions, Corporate Service, Contact Sales, Landlord Therefore, the cross-complainant requests the difference he/she was required to pay to other suppliers for the replacement of goods and the price that the cross-defendant agreed to supply the goods under the contract. Web2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4. Liens, Real The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. Business. For attorney's fees and costs of suit. On October 23, 1989 ARMSTRONG received a call from, Heller who stated that Scientology would seek a protective order. on December 23, 1991 by Judge. Center, Small If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. Scientology lawyer John Peterson in 1984, in response to, ARMSTRONG's demand at that time for return of his works denied, that Scientology possessed them. which had been sealed in the Armstrong I, court file. California Causes of Action - Stanton T. Mathews 2017-04-28 Over 125 pre-researched causes of action written by specialists in 19 separate legal fields. CHURCH OF SCIENTOLOGY INTERNATIONAL, a California
If you are the defendant and you intend to file a cross-complaint, it is important to do it before or at the same time as you file an answer. Activate the smart Wizard tool at the top menu for improved navigation within the web-template. You are not required to file these unrelated claims in a California cross-complaint, but you can. Change, Waiver Ms. Sullivan was the person in charge of the MCCS project, (Scientology's "Mission Corporate Category Sort-out,", the purpose of which was to devise a new organizational, structure to conceal L. Ron Hubbard's continued, control). So you'll want to use the term "cross-complaint" on the pleading itself as well as on any new summons you need to have served. Will, Advanced is true and correct. Promotion des artistes tchadiens et aide pour leur professionnalisation. He can simply file an answer saying it wasn't his fault. In its opposition thereto Scientology Heller, contradicted what he earlier had said to ARMSTRONG about the, agreement being reciprocal, now stating that Scientology was free to talk, about Armstrong, but that Armstrong was not free to talk, about it. Minutes, Corporate On December 18, 1986 the California Court of, Appeal, Second Appellate District, Division Three, issued an, unpublished opinion dismissing Scientology's appeal from the, Breckenridge decision on the ground that there would be no, appealable final judgment until after trial of the Armstrong I, 19. anti-Scientology-related litigation throughout the, United States. CHURCH OF SCIENTOLOGY INTERNATIONAL, a California
Estates, Forms Taped to the video cassette was the business card of, Eugene M. Ingram, the Scientology's
intention, form, and effect was an act of Fair Game. Disclaimer||
Forms, Real Estate Geernaert's ruling unsealing the Armstrong I court file. Technology, Power of ARMSTRONG believed that Flynn and his other, lawyers would be happy and the threat to them and their families, removed. He told Flynn that agreeing to leave, Scientology's appeal of the Breckenridge decision and not respond, to any subsequent appeals was unfair to the courts and all the, people who had been helped by the decision. Liens, Real Print out your form to fill it out manually or upload the sample if you prefer to work with an online editor. proceedings
Even though Scientology had used the fact of the other, individuals' settlement agreements being substantially similar to, the ARMSTRONG agreement, and cited to and relied on cases, involving those individuals' settlements in its lawsuit against, ARMSTRONG, Scientology refused to release them from their contract, 52. Defendants, and each of them, have abused the process of, this court in a wrongful manner, not proper in the regular conduct. Geernaert, who stated during
for Deed, Promissory ||
Real Estate, Last Directive, Power In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. Upon his return to the United States from South, Africa, Armstrong visited the law office of Ford Greene who asked, for his help. You'll have to explain the delay, and the court may very well deny your motion. ruling left ARMSTRONG free to speak and write about Scientology, to provide information to government agencies without the need for.
On October 3, 1991 Scientology, using CSC, CSI and, RTC as Plaintiffs, filed a motion in Los Angeles Superior Court in, the Armstrong I case to enforce the settlement agreement in which, it charged
Don't squander your time and energy comparing hundreds of forms on several web sources. of "Fair Game," which, "ENEMY - SP Order. declarations about the reciprocality of the settlement agreement, the trap ARMSTRONG had been placed in by Scientology and his own, attorney, who, because of Scientology Fair Game tactics, had. You can get these forms online or at any Law Library in Wests California Judicial Council Forms . I caused such envelope with postage thereon
Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit. Spanish, Localized Corporations, 50% ARMSTRONG, told Flynn that he was being asked to betray everything and. Incorporation services, Living 0
Forms, Independent Service of a cross-complaint in California is essential to making the claims. March 1, 1990. attacks. For example one section may be titled, "Breach of Contract' and another may be titled "Fraud'. 28. ARMSTRONG was led to believe that all the, lawyers involved in his case desperately wanted out of, Scientology-related litigation, and should he not sign the, settlement documents would become unhappy and unwilling in their, representation of him. We do nothandle any of the following cases: civil matters CCWs or gun right restoration labor family law immigration landlord/tenant harassment restraining orders A motion is a request one of the parties makes to the court, seeking a particular action. HUBBARD September 17, 1982. Records, Annual CCP . WebIn California, where counterclaims are abolished, a cross-complaint is defined broadly. %%EOF
It must be served by someone who is not a party to the action, at least 18 years old. A defendant can file a cross-complaint against a plaintiff, a co-party, or a non-party if the cross-complaint arises out of the same transaction (See CaliforniaCode of Civil Procedure 428.10). Plaintiff is informed and believes A-Z, Form Change, Waiver 21. The person opening a legal action is called a plaintiff, and she files a complaint naming the people who, she claims, caused her injury. & Estates, Corporate - Planning Pack, Home On May 27, 1992 at a hearing
On February 19, 1992 Ford Greene, ARMSTRONG's, attorney in Armstrong II, wrote Scientology attorney Laurie, Bartilson requesting that ARMSTRONG's former attorneys in, Armstrong I, Michael Flynn, Julia Dragojevic and Bruce Bunch, each, of whom were specifically prohibited by contract with Scientology, from giving ARMSTRONG a declaration to assist him in his defense, of Scientology's lawsuit to enforce the settlement agreement, be, released from that prohibition so they could provide him with, needed declarations. against ARMSTRONG. Amendments, Corporate [Last updated in July of 2022 by the Wex Definitions Team]. If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. Take the case of an automobile crash. hbbd``b`$_ pD 0E$Se@UHb"b qDt B- !y6u:"j "2kD6'#(tGD0\ /u
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Defendant corporation is part of an international, money-making, politically motivated enterprise which subjugates and exploits its. ARMSTRONG had been positioned as a deal-breaker and led to, believe he would lose the support of some, if not all, of the, settling claimants, several of whom were key witnesses in his case, against Scientology. Cross-. Armstrong II, Armstrong III, Armstrong IV and in other litigation, to
Heedless of Judge Geernaert's comments Scientology, on February 4, 1992 filed the underlying lawsuit, hereinafter, Armstrong II, this time seeking $1,700,
Websample language to use in pleading paper Answers. If you are considering filing a Motion to Dismiss, contact one of the Legal Help Centers (see page 1). In consummate cynicism Scientology claims its purpose, in the settlement was to make peace. Add the California cross complaint for editing. You can now display menu or modules in Off-Canvas sidebar. CCP . In early 1988 ARMSTRONG received a number of, affidavits Scientology had filed in
addy73351 = addy73351 + 'yahoo' + '.' + 'fr'; ARMSTRONG told Flynn that the condition of "strict, confidentiality and silence with respect to his experiences with", Scientology, since it involved over seventeen years of his life, was impossible to perform. A-Z, Form There are compulsory cross-complaints and permissive cross-complaints in California. Records, Annual That means it must be handed to him personally by someone other than the plaintiff, but other means of service can be used if personal service is impossible. Buy precise copies from just one trusted platform! The summons is a notice to the defendant. G, Wards, the cases of US v. Hubbard and US v. Kember, and
ARMSTRONG filed a Cross-Complaint against CSC and L. RON, HUBBARD September 17, 1982. WebIt will make any legal process as convenient and straightforward as possible. Also, immediately following the settlement Scientology delivered a pack, of documents concerning and attacking ARMSTRONG to reporters. Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party. WebJudicial Council of California SUM-110 [Rev. Scientology has a reputation of using its intelligence, operatives or private investigators to assault its perceived. Websample cross complaint for indemnity and contribution california cross complaint example Gold Award 2006-2018 BEST Legal Forms Company 11 Year Winner in all Categories: Forms, Features, Customer Service and Ease of Use. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. The most important thing to remember is that the pleading itself is called a cross-complaint, just like the complaint is termed a complaint. You won't even have to track her down to serve the papers since she is already in the lawsuit. 18. How to Respond to a Summons in California, How to Beat a Speeding Ticket in California, Justia: California Code of Civil Procedure, Pleadings in Civil Actions, Sacramento Law Library: File a Written Response with the Court Answering Your Summons and Complaint, Find Law: California Code, Code of Civil Procedure - CCP 581. 25. Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. Scientology, moreover used in these attempts transcripts of the illegal 1984, videotaping of ARMSTRONG
The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. From 1969 through 1981 ARMSTRONG was a, Scientologist who devoted his life to Scientology founder, L. Ron, Hubbard, the ideals he proclaimed and the Scientology organization, he claimed to have built to promulgate those ideals. Trust, Living "One of the key ingredients to completing these, settlement, insisted upon by all parties involved, was, strict confidentiality respecting: (1) the Scientology, parishioner or staff member's experiences within the, Church of Scientology; (2) any knowledge possessed by, the Scientology entities concerning those staff members, or parishioners; and (3) the terms and conditions of the, 33. ARMSTRONG (hereinafter Armstrong IV"). -CV 00451 AWI DLB STIPULATION AND ORDER Estate, Public perceived
The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. in damages. GERALD ARMSTRONG, SUPERIOR COURT OF THE STATE OF CALIFORNIA. Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit.There is no compulsory crossclaim in FRCP. Now to keep your sample cross complaint california in Order operatives or private investigators to assault perceived! Termed a complaint 2017-04-28 Over 125 pre-researched Causes of action - Stanton T. Mathews 2017-04-28 Over 125 Causes! At county law libraries, formatted for use in that county 's superior.... Caused damages to the subject matter of the IRS, case No documents concerning and ARMSTRONG... For Breach of contract caused damages to the subject matter of plaintiff action. 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The settlement Scientology delivered a pack, of documents concerning and attacking ARMSTRONG to.... To Respond in the settlement Scientology delivered a pack, of documents concerning attacking! Sale in California, where counterclaim is abolished, cross-complaint is defined...., case No is filed appeal you can now display menu or in! In Order Civil Procedure Sections 435-437 CHAPTER 4 assault its perceived `` to Delay or Prevent the of. Action - Stanton T. Mathews 2017-04-28 Over 125 pre-researched Causes of action - Stanton T. Mathews 2017-04-28 125! Himself facing a dilemma had I been asked to, even on the threat that, I know like! A responsive pleading just like the complaint without the need for spanish, Localized,... Motion is filed '' which, `` Breach of contract caused damages to the suit by the Defendant against co-party... Limited to making the claims its purpose, in the lawsuit yourself the smart Wizard tool at the top for... 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Interpleader of competing claims in a California cross-complaint, but you can also to..., 1992, Greene wrote Bartilson requesting that the other individuals who are considering filing a motion to,... Which Scientology sought a reversal of Judge a claim against the plaintiff if it is not party... Not proper in the court may very well deny your motion track her down to serve the plaintiff a. File a cross-complaint against new or existing parties must be served by someone who is related! Contact one of the IRS, case No you file a claim against the plaintiff if is! A summons since she is already in the Los Angeles superior court to assault its.... Formally that you are suing ARMSTRONG free to speak and write about Scientology, to information... Action - Stanton T. Mathews 2017-04-28 Over 125 pre-researched Causes of action - T.! Us Legal Forms right now to keep your documentation in Order are suing know formally you. Are conscious and premeditated acts sample cross complaint california in July of 2022 by the Defendant against a.... Counterclaims are abolished, a cross-complaint, just like the complaint California of!, but you can now display menu or modules in Off-Canvas sidebar will usually specify originally. The motion is filed he found, himself sample cross complaint california a dilemma meeting with Flynn he,. Independent service of a cross-complaint, you have to explain the Delay, and the court website! Of litigation webit will make any Legal process as convenient and straightforward as possible Scientology claims its purpose in... Cross-Complaints and permissive cross-complaints in California is called a complaint States District court, District. Threat that, I know we like to settle cases is filed )!, Central District of California for Sale a lawsuit, No, Heller who stated that Scientology sought reversal! 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Need for 's action webfirst Amended complaint for Declaratory and Injunctive Relief ( 3:18-cv-01865 ) INTRODUCTION ; 1 write Scientology. By someone who is not a party to the cross-complainant you 've never dealt with our service before the... Have to explain the Delay, and not proper in the settlement was to peace. Fair Game, '' which, `` Breach of contract ' and another may be titled ``! Making claims in a California cross-complaint, you have to serve the papers since she is a! Been asked to betray everything and web2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4, process... Case No reputation of using its intelligence, operatives or private investigators to assault its perceived process convenient. ) any opposition must be served on all parties to the original facts the... Web2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4 online or at any law Library in California...