Filing an Answer?

If you or your client has been served with a Summons and Complaint in a civil matter in California, here are some things to remember:

1. Time is of the essence. You have 30 days to respond unless it is an Unlawful Detainer action (eviction), in which case you have 5 days.

2. An “Answer” is one of several responsive pleadings that can be filed in response to a civil Complaint. The others include a General Denial, a Demurrer, and a Motion to Strike. If you are not sure which one to file or you have received unclear instruction from your supervising attorney, you should do a little research to find out which is the best choice under the circumstances.

3. The filing of the Answer requires a filing fee (check the court web site).

4.  The Answer must be served on the plaintiff and all other parties who have appeared in the action.  A proof of service showing a copy of it was served on the Plaintiff should be attached to the Answer when submitted for filing. counsel.  The Answer can be served on the plaintiff or counsel (if represented) by mail.

4. The Answer needs to be verified by the defendant if the Complaint was verified.

Be sure to follow the California Code of Civil Procedure and California Rules of Court when preparing, serving and filing your Answer or other responsive pleading.

Corporate Paralegal Job – Orange County

Corporate paralegal needed ASAP for large bank in Orange County, Californiak for long-term contract!

If interested please contact Jim Nelson for details at jim.nelson@advantageresourcing.com

Paralegal Job

Paralegal; Temp-to-Hire; South Bay

Assists organization personnel, attorneys and other third parties in executing and closing legal transactions and is responsible where applicable for securing, preparing, drafting, and processing legal documents. This includes but is not limited to drafting resolutions, forming SPEs, and reviewing and interpreting legal documents for validity, content, accuracy, and compliance with procedures. Associate must have knowledge of legal documentation and procedures relating to originating and modifying mortgage loans. This position will provide paralegal and escrow support for all activities related to but not limited to performing and non-performing loans, modifications, forbearance agreements, discounted payoffs, foreclosures, bankruptcy firm vendors management program, including reviewing, analyzing and preparing materials related to on-site and desktop assessments of all documents and where applicable contact attorneys and other third parties for additional documentation. This position will also research and analyze federal and state laws and regulations, if applicable.
Paralegal certification from an ABA-approved institution a must; undergraduate degree, preferred. Minimum five years of paralegal experience; foreclosure or bankruptcy litigation, non-judicial foreclosure processing or equivalent trustee or title company experience, or default mortgage servicing experience is preferred.

Please contact  Janelle Jenkins at (310) 643-8900 or jjenkins@emeraldagency.com.

Discovery: What is the Scope?

In litigation, after the pleadings are filed, the parties begin “Discovery”, the exchange and gathering of information in preparation for settlement or trial.

The scope of discovery is very broad.  The scope includes anything relevant to the subject matter, admissible or reasonably likely to lead to the discovery of admissible evidence, which is not privileged.

The words “anything” and “reasonably likely to lead to the discovery of admissible evidence” let you know that in discovery, going on a “fishing expedition” is entirely acceptable (assuming no privilege applies).  Almost anything can be shown to be “reasonably likely to lead to the discovery of admissible evidence.”

The take away from this discussion on the scope of discovery is that almost everything is within the scope.  The main boundary will be privilege.  In other words, an objection to discovery on the grounds that the items or information being requested are not relevant is likely to fail.

Paralegal Job

I received this information regarding a paralegal opening in Irvine.

The firm is Palumbo Bergstrom LLP,  located in Irvine, California

The position is for a legal assistant/legal secretary to the managing partner of the firm.

Duties are heavy in administrative work and not extensive legal work. It involves a lot of calendaring, billing, and saving e-mails. It is VERY demanding and fast paced.

It does offer a competitive salary, although it depends on the candidate’s experience.

A Paralegal Certificate is required .

Contact Daniel Feldman at:

dfeldman@palumbolawyers.com

949-442-0300

Venue: Knowing where to file

The proper place to file a lawsuit is called “venue”, and it is not always intuitive.  It is possible; however, to get venue information relatively easily and painlessly.  For Los Angeles County, you follow the following link:

http://www.lasuperiorcourt.org/FilingLocator/UI/filingSearch.aspx

It is only a matter of entering the relevant zip code or city name.

For Orange County, you need to access the court web site and go to the link for locations:

http://www.occourts.org/locations/index.html

From there, you can click on the Court Designation List and  find out what cities are served by each location and then file your matter in the correct location.

Filing in the wrong venue does not invalidate your lawsuit, but it might result in considerable expense and delay if the other side files a motion for change of venue because you filed in the wrong court.

Job: Corporate Paralegal (Mountain View, CA)

Corporate Paralegal Location: Mountain View, CA Type: Contract to Perm (For the right candidate) Contact: Randy – rnewlin@jsginc.com

Job Description:
Support all aspects of potential spin-off, any mergers and acquisitions transactions, any other transactions, including due diligence, document preparation, closing mechanics and post-closing administration; provide legal support in collecting, preparing, retaining and organizing legal documents,

Required skills/experience:

3-5 years relevant experience

Bachelor’s degree; prefer certified paralegal
Hiring manager is looking for candidates that have Corporate Paralegal experience.  Someone who knows how to write drafts, familiar with SEC compliance.

Portfolios . . . why have one?

Having a relevant and well-polished portfolio can push you to the top of the heap in the interview process.  It may help to make you memorable to the interviewer (for good reason rather than because you were annoying or ill-prepared as many applicants can be)

Of course, a portfolio alone will not land you the job, but having a well-developed portfolio with examples of work product that you are capable of creating with limited instruction/supervision will speak volumes about you that your resume may not.

When you bring your portfolio to an interview, it may be best to hold it for the end of the interview rather than letting it be a distraction too early when you want to be able to create a strong first impression.  As good time to bring it out is when you are asked the question, “Is there anything else you would like us to know about you?”

You can respond (humbly, of course), “Well, I did bring some samples of my work.  Here is my portfolio.”  I would offer to leave them an electronic copy of the documents in the portfolio.  Don’t leave the original.  You should invest in having great presentation for the hard copy original of your portfolio,  and it would be too expensive to leave every potential employer an original, but do allow them to go through it, and be ready to discuss the work that you have produced.

Interviewers love portfolios!  It gives them something more on which to base their evaluation of you and recommendation to hire you.  Of course, the caveat is that you should only include work you did and are capable of doing.

Tips on Writing Briefs

The following are a series of blog posts with tips from a judge on writing briefs:

A Brief Browse on Briefs (Part 1)

A Brief Browse on Briefs (Part 2)

A Brief Browse on Briefs (Part 3)

Legal research and writing are two very important areas for a paralegal to develop especially if he or she desires to earn a higher salary.

Litigation – What’s involved?

Litigation (resolution of disputes through the legal system)

Pleadings

• Preliminary Matters (Standing to Sue, Capacity to Sue)
• Drafting Pleadings (California Rules of Court/Judicial Council Forms)
• Jurisdiction - Federal Subject Matter
• Jurisdiction - Personal
• Complaint
• Answer - Filing an Answer
• General Denial
• Demurrer
• Cross-Complaint

Discovery

• Scope (any matter, not privileged, relevant to the subject matter, admissible as evidence or reasonably calculated to lead to admissible evidence)
• Interrogatories (Form and Special)
• Demand for Production of Documents
• Request for Admissions
• Mental/Physical Exam
• Request for Statement of Damages
• subpoena

Motions

• Summary Judgment
• Discovery (Motion to Compel/Motion for Protective Order)

Alternative Dispute Resolution (ADR)

• Arbitration
• Mediation

Pre-Trial

• Motions in limine
• Final Status Conference
• Jury Selection (voir dire)

Trial

• Opening Statements
• Direct Examination
• Cross-Examination
• Re-Direct
• Closing Argument
• Jury Instructions

Post-Trial

• JNOV
• Motion for New Trial