Legal Question in Civil Litigation in California

Civil defense counsel moved the superior court to avenge me, the plaintiff pro se. Counsel served me the motion, and later, counsel drafted and filed a tentative ruling favoring the defendant. Is the court supposed to draft and file a tentative ruling or can litigant counsel do such? I had filed an opposition to defendant�s motion and wasn�t served the tentative ruling until I was in the court room giving oral argument to defendant�s motion. It is my opinion the judge had already made up his mind to rule in favor of the defendant before I made oral argument. Before the day of the hearing, could I have looked at the tentative ruling on the website of the court?


Asked on 2/17/14, 11:53 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

You have to check the court you are in to see how they handle tentative rulings. In San Diego you can get the ruling at 4pm the day before at: http://www.sandiego.courts.ca.gov/v3tr/scsdrulings.aspx

A proposed order is submitted to the Court for ex parte motions, and often times on other mations. After the Court rules, sometimes the Court instructs one of the parties to prepare an Oder.

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Answered on 2/17/14, 11:57 am
Robert F. Cohen Law Office of Robert F. Cohen

Many courts publish tentative rulings on their websites or on a phone line. If so, some of the courts require that a litigant notify the other side and the court that the tentative ruling will be contested. Otherwise, argument might not be permitted.

In any case, it appears that the court permitted you to argue. Often, the attorneys prepare in advance orders that favor their client's position. If the court rules in that party's favor, then the side with the correct order will submit it after showing it to the other side for approval as to form.

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Answered on 2/17/14, 11:59 am
Anthony Roach Law Office of Anthony A. Roach

A motion to avenge you? Opposing counsel drafted the tentative ruling? It sounds like the cloud of mysterious smoke from Ocean Beach may have affected you a little too much.

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Answered on 2/17/14, 2:52 pm


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