Barella v. Exchange Bank
84 Cal.App.4th 793 (Cal. Ct. App. 2000) Cited 97 times 4 Legal AnalysesNoting that "while [California's similar offer of judgment] statute contemplates that an offer made pursuant to its terms may properly include nonmonetary terms and conditions, the offer itself must, nonetheless, be unconditional" (footnote omitted)
Bates v. Presbyterian Intercommunity Hosp., Inc.
204 Cal.App.4th 210 (Cal. Ct. App. 2012) Cited 29 times 1 Legal AnalysesFinding section 998 offer to waive costs and refrain from pursuing malicious prosecution claim "had substantial value when weighed against appellant's prospects of success"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 998 - Offer served prior to resolution of dispute by arbitration
Cal. Code Civ. Proc. § 998 Cited 1,449 times 34 Legal AnalysesCost-shifting provision applies to a plaintiff who rejects a section 998 offer and "fails to obtain a more favorable judgment"
Section 2015.5 - Certificate or declaration under penalty of perjury of truth and correctness of matter
Cal. Code Civ. Proc. § 2015.5 Cited 441 times 2 Legal AnalysesGiving "certificate" filed in accordance with state statute similar force and effect to an affidavit
Section 1013a - Proof of mail service
Cal. Code Civ. Proc. § 1013a Cited 141 timesProof of service by mail may be made by one of the following methods: (1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person
Section 1011 - Manner of service
Cal. Code Civ. Proc. § 1011 Cited 80 timesAuthorizing personal service on an attorney
Section 1013 - Requirements for service by mail
Cal. Code Civ. Proc. § 1013 Cited 74 times(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party's place of residence.
Rule 2.251 - Electronic service
Cal. R. 2.251 Cited 15 times(a)Authorization for electronic service When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.[]= (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007
Rule 2.257 - Requirements for signatures on documents
Cal. R. 2.257 Cited 3 times(a)Electronic signature An electronic signature is an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign a document or record created, generated, sent, communicated, received, or stored by electronic means. (Subd (a) adopted effective January 1, 2019.) (b)Documents signed under penalty of perjury When a document to be filed electronically provides for a signature under penalty of perjury of