Legal Question in Civil Litigation in California

if a hearing is hel dand the judge issues a three year restraiing order but the complaint in the official court record was never signed by the plantiff nor the attorney a) is there a complaint?, b) is the judge's ruling binding?,


Asked on 12/03/11, 4:21 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

a) No. b) Yes. "An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party." Code of Civil Procedure Sec. 128.7(a). So you might want to call this omission to the attention of the plaintiff's attorney. I'm sure they will promptly correct it.

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Answered on 12/03/11, 4:51 pm
Terry A. Nelson Nelson & Lawless

Any order or ruling is 'binding' unless and until you can get it corrected or overturned by motion or appeal.

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Answered on 12/04/11, 9:06 am


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