Changes to the Local Rules of the Superior Court of California, County of Alameda – January 1, 2016
The Superior Court of California, County of Alameda, has updated its local rules.
The updates, effective January 1, 2016, will be available on the Alameda County Superior Court’s website by January 1, 2016. (If you peek and use this link before January 1, 2016, you will see the “old” current rules on the court’s web page.)
Look for the icon with a red flag and “Espanol” or the box “Centro de Ayuda” on the right hand side under the heading.
Either link take you to the Spanish information site.
To return to the English language site – look for the “English” icon in the same area on the web page.
Legal information guides in other languages — while not as extensive as the Spanish language site – are available through the links that can be reached using the “More Languages” link at the end of the first paragraph. Languages include – Chinese, Korean, and Vietnamese.
Here is an image of the paragraph with the link from the Self-Help web page:
Here is a snippet to show you what the Spanish language site looks like:
The Superior Court of California, County of Alameda, recently received approval from the Chair of the Judicial Council to adopt a new local form, ALA-INT-001, to take effect as of May 1, 2015. A copy of the order authorizing the off-cycle adoption of the form is attached, as is a copy of ALA-INT-001.
The form is used for requesting an interpreter in a civil matter, and the Court will be translating the form into a number of additional languages for ease of use. The translated versions of the form will be posted on the Court’s web site as they are completed.
Please feel free to contact me with any questions.
Superior Court of California, County of Alameda
1225 Fallon Street Room 209
Oakland, CA 94612
510-891-6273 phone; 510-891-6276 fax http://www.alameda.courts.ca.gov
Here is a link to a file with the new form. An image and instructions follow in this post.
The legal profession has two sides. Litigation (i.e., courts, lawsuits, alternative dispute resolution) gets the headlines. Transactional side activities (i. e., contract agreements, real property transactions, wills and estates, etc.) usually remain private between the parties involved except when one of those parties decides to challenge the transaction in court and the disagreement becomes part of a court’s public record. Though the Alameda County Law Library gets the vast majority of its funding from litigation activities (civil filings), it also provides services relating to the many transactions that are required by our government agencies and the legal system.
Alameda County Clerk-Recorder’s Office
No filing of official documents is done at the law library locations, but the staff can and does assist a patron with researching the proper procedures on how to record documents to protect his or her legal rights. We also have copies of forms and templates – samples of the proper language and formatting used for each specific form. Within the library’s various resources, we have numerous forms and templates — more than anyone would ever want to count. The majority of the requests we receive at the ACLL reference desks are for those forms that need to be filed as part of the official records retained by the Alameda County Clerk-Recorder’s Office.
As the Oakland Main Law Library is around the corner from the Clerk-Recorder’s Office, we have steady flow of traffic in patrons seeking deeds and affidavit forms, as well as, other documents that effect the ownership to real property. These forms need to be filed with the Clerk-Recorder’s Office to have the transaction be included as part of the official chain of title (or ownership) for the property. The County Clerk-Recorder also provides official services for recording documents including but not limited to: birth certificates, death certificates, marriage licenses and certificates, fictitious business names and mechanics liens. Their office does not supply any paperwork or legal advice. They send people around the corner to ACLL for those resources. Many of the forms are also available on Internet sites. ACLL has its own forms web page but you will need access to a printer. Just make sure whatever website you use is up-to-date with the requirements of California law.
At the reference desk, we sell deed packets ($2.00) to help people with the proper paperwork to record changes in ownership to California real estate. The packets include the form itself, as well as, information sheets including locations of notary services in the area for those forms that require signature before a notary.
There are two especially helpful resources at ACLL for County Clerk-Recorder transactions. The first is the Nolo Press’ Deeds for California Real Estate by Mary Randolph. This title can help the user with choosing the right kind of deed, drafting (correctly word processing) it, then filing it with a county recorder. The text is written in plain-English with step-by-step instructions for completing forms.
Information includes how to :
add or remove someone’s name from the title of real estate you own
transfer real estate into, or out of, a revocable living trust
The second item is the title – Recorders’ Document Reference and Indexing Manual: A Training and Reference Manual for State-wide Recording and Indexing Personnel. It is published by theCounty Recorders’ Association of California. This unique resource is of value to legal researchers who are trying to trying to establish a public record of his or her interest in property. The title includes an index to the majority of recordable documents, as well as, a listing of items that will not be recorded by a California county recorder.
Deeds, as well as, a number of other legal documents require that a signature be notarized. Recent California law has made changes to the language required as part of the notary statement. People who try to file forms or documents that have been notarized using the old language will have their documents rejected by the Clerk-Recorder’s Office. But that is a topic for another blog post in the near future.
Legislation effective on January 1, 2015, has changed the law governing court fee waivers involving guardians, conservators, and petitioners for their appointment. The new law clarifies that the fee waiver in such matters is in favor of the (proposed) ward or conservatee and must be based solely on his or her financial condition, but requires the fiduciary or the petitioner for the fiduciary’s appointment, or both, to participate in all court proceedings and to respond to all court orders concerning the waiver.
To implement this new law, the committee is proposing a new rule of court regarding fee waivers in guardianships and conservatorship proceedings and new versions of Judicial Council fee waiver forms for use by probate guardians and conservators, and by petitioners for their appointment. The rule would also address fee waivers in decedent estate proceedings.
Do you ever have problems finding information on opposition papers, including forms and formatting? Finding them can be problematic. They can be found of course but with some difficulty. Some sources are extremely detailed and just have too much information for the layperson and even for some attorneys. Both the requestor and the librarian’s eyes start to glaze over. (Plus the print is tiny!)*
And finding an opposition form on point is only the beginning. You must also state the grounds for opposition and include Memoranda of Points and Authorities. You must understand the form and contents of the motion.
The Rutter Group comes to the rescue once again. The latest in their excellent Civil Litigation Series is Opposing California Civil Motions: Model Opposition Briefs. Others in the series include California Law and Motion Model Forms, California Law and Motion Authorities, and California Summary Judgment and Related Termination Motions.
Opposing California Civil Motions consists of filled-in sample forms (format, grounds for specific opposition), explanation, practice tips and points and authorities, in an “all in one” source. Chapters cover in detail opposing the following types of motions: General, Preliminary; Summons; Pleadings; Subpoena; Discovery, Continuance and Arbitration.
The chapter on Opposing General Motions includes Opposition to Motions to Extend or Shorten Time and Opposition to Requests for Judicial Notice. The chapter on Opposition to Discovery includes “Inserts – If Seeking Sanctions”.
The very good “How to Use this Book” in the front of the book (which unfortunately many people will not read) includes an Overview, Procedural Motion Tips (citing California Code sections and Court Rules on service and timing etc.), and a Tentative Rulings explanation and information on how to oppose a Tentative Ruling.
Ask the librarians for the Civil Litigation Series title you want. These are kept behind the Reference Desk.
*With all due respect to the venerable California Pleading and Practice and the mighty California Points and Authorities.
Pursuant to CCP 1161a-1161c, special procedures apply when a mortgage lender or buyer of a foreclosed property seeks to initiate unlawful detainer proceedings against the former property owner or the tenants of the former owner. Although these procedures must be followed carefully to avoid delay in the eviction process, many of the traditional landlord-tenant practice guides offer little guidance for evicting the former owner or their tenants.
Matthew Bender Practice Guide: California Landlord-Tenant Litigation, a new title from LexisNexis, is the exception. The authors of this practice guide discuss in detail the procedures for eviction under CCP 1161, with citations to recent appellate decisions. Chapter 4, “Termination of Tenancy,” includes explanation of applicable notice periods and requirements for terminating the tenancy, which differ for the former owner and for any tenants of the former owner. Chapter 5, “Unlawful Detainer” reminds readers that they cannot use the standard Judicial Council Unlawful Detainer Complaint form to evict after foreclosure, but must draft a complaint form that incorporates specific elements and allegations. A template for a “Complaint to Evict Residential Tenant After Sale Under Writ of Execution pursuant to CCP 1161a” is provided. The authors also discuss perfection of title, and the effect of local rent control ordinances on a buyer’s ability to evict a tenant from a foreclosed property.
Matthew Bender Practice Guide: California Landlord-Tenant Litigation is available at the Main Library in Oakland.