We've encountered a problem, please try again. Pursuant to section 1010.6 of the Code of Civil Procedure, rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Court Rule 352, and Administrative Order 13/03, all documents filed by attorneys in limited, unlimited, and complex civil actions must be filed electronically unless the Court rules otherwise. Any Defendant, and DOES 1-5 There is no verified complaint on file with this court in violation of CCCP 1166(a)(1) and the Court should grant Defendants Demurrer. Demurrer not directed to all causes of action A demurrer to a cause of action may be filed without answering other causes of action. CCP 446; League of Women Voters v. Eu (1992) 7 CA4th 649, 656. 12 Civ. Over 300 sample legal documents for California and Federal litigation for sale. . San Francisco, CA 941 11 www.ax-law.com CRAIG C. DANIEL (212588) DAVID T. WEI (230729) AXCEL LAW PARTNERS LLP 4 Embarcadero Center, 14th Floor San Francisco, CA 94111. We are not attorneys and cannot give legal advice. tfg aettgr aey g fger!, "l Mg#ertaglt YYYin tfg ei$g glt"t%g! Receive free daily summaries of new opinions from the California Courts of Appeal. OPPOSITION TO DEMURRER TO COMPLAINT; 4th 985,1001-02 (2006) (emphasis added) (citing Covenant Care, Inc. v. Super. One of the first things that any tenant served with a three day notice to pay rent or quit in California should do is closely examine the notice. https://legaldocspro.myshopify.com/products/california-law-and-motion-document-collection. You will receive a link to create a new password. B. Tenant Unlawful Detainer in Los Angeles, CA. *, )ri'l!s tfet tfg !gng&t"$g tfrgg5!ey lit"&g sgr$g! Another California Court of Appeal case ruled in another published case that the uncertainties must be specific. Said transmission was reported complete and without error. This demurrer is based upon this notice of demurrer, the attached demurrer, the memorandum of points and authorities, and upon such oral and documentary evidence as may be presented by Defendant upon the hearing of the demurrer. Note that the motion to quash in an eviction case must be set for hearing within 3-7 days from filing of the motion. It must not be served until after the stated amount of rent becomes due. II THE DEMAND FOR RENT IN THE THREE-DAY NOTICE TO PAY RENT OR QUIT IS EXCESSIVE. Superior Court of the State of California Since the unlawful detainer statutes do not provide for the timing of a hearing on a demurrer, the timing for demurrers is governed by Code of Civil Procedure 1005, which requires 16 court days notice of the hearing on the demurrer, plus five calendar days for notice by mailing. That way the rent is considered paid on the date it is mailed. The sample on which this preview is based is 9 pages and contains brief instructions, a memorandum of points and authorities with citations to case law, and a proof of service. (Judical Notice 2) NAME is an attorney duly licensed in the State of California and HE/SHE was admitted to practice law in the state of California on DATE. ) Unfortunately, there is no way to have the demurrer stricken simply because it is frivolous. Dated: _____ [redacted] 14 ed! Document collections are now available as non-refundable purchase items with new pricing. Sample motion for substitution of plaintiff in United States District Court, Sample demurrer for another action pending in California, California discovery document collection for sale, California unlawful detainer (eviction) document collection for sale, Sample ex parte application for osc for civil contempt in California, Sample motion for vocational evaluation in California divorce, Sample motion to dismiss for improper venue under Rule 12(b)(3), Sample student loan debt validation letter, Sample motion to substitute plaintiff in California, Sample petition for final distribution for probate in California, 1 07.07.2022 Causelist Mumbai Bench Court-1.pdf, 5 Mistakes to Avoid When Getting Divorced in California.pptx, Insights from the 2022 Legal Trends Report - Slides.pdf. restricting discovery in limited civil cases do not apply to unlawful detainers. Plaintiff, [ 31.97] Subsequent Buyer and Subordination 4. The sole issue raised by any demurrer is the legal sufficiency of the allegations. Case No. (a)"Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. SECOND GROUND FOR DEMURRER Defendant generally demurs to the unlawful detainer complaint filed by Plaintiff on the grounds THIRD GROUND FOR DEMURRER Defendant generally demurs to the unlawful detainer complaint pursuant to DATED: __________________ ______________________________, Defendant, In Pro Per MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO COMPLAINT PRELIMINARY STATEMENT For these reasons, this demurrer should be granted in its entirety without leave to amend. II. I am a resident of or employed in the county where the mailing occurred; my business/residence address is: On ____________________ I served the foregoing document(s) described as: NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES to the following parties: NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY X [ ] (By U.S. Mail) I deposited such envelope in the mail at ______________, California with postage thereon fully prepaid. AUTHORITIES (Subd (g) amended and relettered effective . 8 case no. On demurrer, the only question is whether Plaintiffs have sufficiently pled constitutional violations, which they have. [1] To draft and file a demurrer, you need to become comfortable doing legal research. Case No. Clipping is a handy way to collect important slides you want to go back to later. Any Street tfet tfg tfrgg5!ey lit"&g i$, "t rg0'gsts e %etg &fer)g in ;YYY, tf's "t, ,0G ]8G 0G"('* G=-+G !G(7 )N ]8G ]8PGG*-2 )0 - '(])"G ](, GPN(P+ "(;G'-'] (P >,)] ]8-] )0 *GNG"]);G )' 0(+G 7-2, tfg tfrgg5!ey lit"&g !igs lit &ilte"l tfg "lniraet"il rg0'"rg! 28 There are two grounds that can be used for a general demurrer in California, failure to state facts sufficient to constitute a cause of action, and the Court lacks subject matter jurisdiction. Sample opposition to order to show cause for civil contempt in California, Sample trial brief for California civil case, Sample notice of unavailability of counsel for California, Sample California mechanics lien release demand letter, Sample opposition to demurrer for california, Sample california demurrer to eviction complaint, Sample California demurrer to complaint for breach of contract, Sample california demurrer to fraud complaint, Sample complaint for fraudulent transfer in California, Sample California motion for summary judgment in unlawful detainer (eviction), Sample verified statement to disqualify judge in California, Sample opposition to motion for new trial in United States District Court, Sample opposition to motion to expunge lis pendens in california, Sample California complaint for fraud against unlicensed contractor, Sample withdrawal of lis pendens for California, Sample stipulation and order for change of venue in California divorce, Sample stipulation and order to appoint discovery referee in California, Sample motion to vacate judgment for fraud on the court under rule 60(d)(3), Sample California complaint for breach of contract and common counts, Sample motion for consolidation in unlawful detainer (eviction) in California, Sample opposition to California motion for leave to amend, Sample California motion for change of venue, Sample California opposition to anti-SLAPP motion, Sample opposition to motion to enforce settlement agreement in California, Sample motion to correct clerical error in California judgment. YYYYYYYippisfs Jfcf`jd`ts, YYYYYYYYYYYYYYYYYYYYYYYY Jfeurrfr i` tnf oriu`js tndt lts Giepadl`t jifs stdtf vdalj gdusfs ic, dgtli`, tndt YYYYYYYYYYYYYY gd``it jfeur ti gdusfs ic dgtli` daafofj dodl`st itnfr Jfcf`jd`ts, d`j. > > Read More.. Rules and Requirements Demurrer Against Complaint or Cross-Complaint Demurrer and Answer Prior to trial, defendant filed a motion in limine requesting judgment on the pleadings, claiming plaintiffs' three-day notice . However, Section 1177 provides that all provisions of law contained in Part 2 of the Code of Civil Procedure (the ones applicable to regular civil actions) are otherwise generally applicable to unlawful detainer actions, unless other procedures are specified in the unlawful detainer statutes. The State filed a Notice of Demurrer to Complaint; Demurrer; Memorandum of Points and Authorities; and a Request for Judicial Notice in Support of Demurrer on September 16, 2015. There may also be sanctions per California Civil Code 128.7 against a party who files a frivolous demurrer. When the grounds for the unlawful detainer is nonpayment of rent, the tenant must This demurrer is made pursuant to Cal. alleging a violation of California Government Code section 11135. Sample complaint for rescission of contract in California. Landlord Best Practices and Eviction Overview, delay demurrer eviction tenant landlord california, frivolous demurrer eviction unlawful detainer, CCP 1179a - Unlawful Detainer Actions Receive Precedence Over Other Actions, California Unlawful Detainer Default Judgment for Money - CCP 585(b). The California Center for Judiciary Education and Research (CJER), of the Administrative Office of the Courts (AOC), is responsible for developing and maintaining a comprehensive and quality educational program for the California judicial branch. 6 ) The sample demurrer has just been updated as of January 27, 2018, contains an expanded and updated memorandum of points and authorities, is 20 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. An aggressive counter attack approach to a Demurrer and/or Motion to Strike must be used to obtain the quickest trial date to get the tenant out that the law allows. Lost your password? state a cause of action in unlawful detainer based on non-payment of rent, or any other cause of action in unlawful detainer. Sample opposition to order to show cause for civil contempt in California, Sample opposition to motion for new trial in United States District Court, Sample California reply to opposition to motion, Sample motion to strike punitive damages in california, Sample motion to dismiss adversary complaint under rule12(b)(6), Sample California motion to enforce settlement agreement, Sample motion to expunge lis pendens for California, Sample California mechanics lien release demand letter, Sample stipulation and order for change of venue in California divorce, Sample motion to vacate judgment for fraud on the court under rule 60(d)(3), Sample motion for consolidation of cases in California, Sample trial brief for California civil case. Demurrer to Unlawful Detainer Complaint in California, Or register your new account on DocShare.tips, Answer to Unlawful Detainer Complaint in California, Sample Answer to Unlawful Detainer (Eviction) Complaint for California, Sample Demurrer to Fraud Complaint for California, Sample Demurrer to Complaint for Lack of Standing in California, Opposition to Demurrer - Filed in California, SAMPLE OPPOSITION TO DEFENDANT'S DEMURRER WRONGFUL FORECLOSURE/UNLAWFUL DETAINER, Sample Demurrer to Complaint for Breach of Contract for California, Demurrer for traffic tickets in California, LAW NOTES including Mortgage, Foreclosure Notes & Unlawful Detainer Notes, Raanan Katz, RK Centers Were Alleged In Unlawful Entry, Detainer, Theft, Converstion In Miami. Civ. Looks like youve clipped this slide to already. Since the unlawful detainer statutes do not provide for the timing of a hearing on a demurrer, the timing for demurrers is governed by CCCP 1005, which requires 16 court days notice of the hearing on . The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Sample motion to vacate default under Rule 55(c) in United States District Court, Sample special motion to strike for California, Sample ex parte application to dismiss complaint in california, Sample motion for cost of proof sanctions in California, Sample opposition to motion for terminating sanctions in California, Sample motion to vacate sister state judgment in California, Sample motion for relief from forfeiture of lease in California. There are several grounds that can be used for a special demurrer in California including uncertainty and lack of capacity to sue. You can read the details below. 6 2 It appears that you have an ad-blocker running. ) Note that the author is NOT an attorney and no guarantee or warranty is provided. Sample ex parte application to dismiss complaint in california, Sample California complaint for fraud against unlicensed contractor, Sample California motion to strike answer. Please enter your email address. See Ernst Enter., Inc. v Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 359. A California Court of Appeal has ruled in a published case that special demurrers for uncertainty are a disfavored ground for a demurrer, and that a demurrer for uncertainty should only be sustained where the complaint is so bad that the defendant cannot respond in a reasonable manner such as whether they cannot determine what issues must be admitted or denied, or what causes of action are directed against the moving party. 24 Special demurrers are not allowed in limited civil cases. You can use the Documents tab to merge, split, lock, or unlock your files. We've encountered a problem, please try again. ) Walter SCHWARM County Orange County, CA UQUILLAS V. UQUILLAS, ET AL. ********************************* 1. However, Section 1177 provides that all provisions of law contained in Part 2 of the Code of Civil Procedure (the ones applicable to regular civil actions) are otherwise generally applicable to unlawful detainer actions, unless other procedures are specified in the unlawful detainer statutes. Thus, the Court is authorized to grant this demurrer. T { { { N R { { { { { { { { { \ e : INSERT NAME INSERT STREET ADDRESS INSERT CITY/STATE/ZIP INSERT PHONE INSERT FAX INSERT EMAIL Defendant, In Pro Per Superior Court of the State of California For the County of Plaintiff, vs. , Defendant) ) ) ) ) ) ) ) ) ) ) )Case No. The download manager is not working as well as usual. Sample Opposition to Demurrer for California by Stan Burman on Scribd, Attorneys or parties in California who would like more information on a law and motion document collection containing over 90 sample documents for California litigation including a sample opposition to a demurer sold by the author can use the link shown below. alleging a violation of California Government Code section 11135. Since the unlawful detainer statutes do not provide for the timing of a hearing on a demurrer, the timing for demurrers is governed by CCCP 1005, which requires 16 court days notice of the hearing on . 26 Since the unlawful detainer statutes do not provide for the timing of a hearing on a demurrer, the timing for demurrers is governed by CCCP 1005, which requires 16 court days notice of the hearing on the demurrer, plus five calendar days for notice by mailing. '#il tf"s lit"&g in, in #i"lts el! `def gnd`of crie, Xadl`tlccYYYYY clafj d`j sfrvfj tnflr Giepadl`t. : NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: SEQ CHAPTER \h \r 1NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT TO: , Plaintiff and , Plaintiffs Counsel PLEASE TAKE NOTICE that on at in Department of the above entitled court, located at Defendant, , will and hereby does move the Court for an order sustaining a general demurrer to the unlawful detainer complaint filed by Plaintiff without leave to amend. It is not necessary that the cause of action be the one intended by plaintiff. Clipping is a handy way to collect important slides you want to go back to later. The Demurrer will be based on this Notice of Hearing, the accompanying Demurrer and Memorandum of Points and Authorities, the Request for Judicial Notice filed concurrently herewith, the proposed order lodged herewith, and all pleadings and papers on file in the above-captioned action. It must have the entire street address of the premises, state the time period for which the rent is overdue, must have the name, address and phone number of the person to pay the rent to, as well as the days of the week and hours in which the rent may be paid. 10 Any Defendant, and DOES 1-5 h%NSG3U-q87yyM,){l!3oyE@8oBU0bGXjTHozRhkCrnqUTP,e~_P ="~/Ni>lT.*z.?/N/I!ErUT!6t[,$T>t%!}b^tD>C3~gwJ4M&uH_7I9+A/^%. I don't think any attorney is going to give you a sample opposition to a demurrer without knowing the basis for the demurrer. ) To view over 250 sample legal documents for sale by Sample motion to disclose confidential informant for California. Download PDF Embed Report. And a Demurrer admits the plaintiff's interpretation of a contract, even if the contract is ambiguous. Tenants in California will sometimes file a frivolous demurrer to delay an eviction. ) ) Attorneys or parties in California who wish to view a portion of a sample opposition to a demurrer sold by the author containing a memorandum of points and authorities with citations to case law and statutory authority and proof of service can use the link shown below. Thus, plaintiff may be mistaken as to the nature of the case, or the legal theory on which he or she can prevail. 1. 18 In case you need help on any kind of academic writing visit website www.HelpWriting.net and place your order, Do not sell or share my personal information, 1. ) To subscribe to my FREE weekly legal newsletter visit 11 ) It appears that you have an ad-blocker running. However, Section 1177 provides that all provisions of law contained in Part 2 of the Code of Civil Procedure (the ones applicable to regular civil actions) are otherwise generally applicable to unlawful detainer actions, unless other proceduresare specified in the unlawful detainer statutes. I am aware that on motion of the party served, service is presumed in valid in postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Any Attorney or Party 1: Demurrer to Plaintiffs' Complaint for Damages by Defendant Jacob Wintner ( Demurrer ), filed on 7-1-19, is CONTINUED to October 8, 2019 at 1:30 p.m. !, `` l Mg # ertaglt YYYin tfg ei $ g glt '' t g... A frivolous demurrer to COMPLAINT ; 4th 985,1001-02 ( 2006 ) ( citing Care... The download manager is not working as well as usual can use the tab! To collect important slides you want to go back to later which they have sample to. Back to later legal newsletter visit 11 ) it appears that you have an ad-blocker running )... Aey g fger!, `` l Mg # ertaglt YYYin tfg ei $ g ''. Be specific or unlock your files lts el eviction case must be specific is ambiguous state cause. Non-Payment of rent, or unlock your files they have not attorneys and can not give advice! G fger!, `` l Mg # ertaglt YYYin tfg ei $ g glt '' t g... And a demurrer admits the plaintiff 's interpretation of a contract, even if the contract is.... Demurrer, you need to become comfortable doing legal research set for hearing within 3-7 days filing! '' & g in, in # i '' lts el tab to merge,,. Documents for California and Federal litigation since 1995 and has used this sample many! In California and Federal litigation for sale authorized to grant this demurrer is the legal of... The uncertainties must be set for hearing within 3-7 days from filing of the allegations Code 128.7 against party! 'S interpretation of a contract, even if the contract is ambiguous sfrvfj Giepadl. Rent or QUIT is EXCESSIVE thus, the Tenant must this demurrer is made pursuant to Cal Valley Gasoline Inc.... Is a handy way to collect important slides you want to go back to later to go back to.! Will sometimes file a frivolous demurrer to a cause of action be the one intended plaintiff! Problem, please try again. items with new pricing to collect important slides you want go. Uncertainties must be set for hearing within 3-7 days from filing of the allegations are now available non-refundable... The grounds for the unlawful detainer non-refundable purchase items with new pricing and a demurrer admits plaintiff. And Federal litigation since 1995 and has used this sample for many.. File a frivolous demurrer to a cause of action in unlawful detainer is nonpayment of,. Violation of California Government Code section 11135 action be the one intended by plaintiff the one intended by plaintiff now! Demand for rent in the THREE-DAY NOTICE to PAY rent or QUIT is EXCESSIVE sample... Newsletter visit 11 ) it appears that you have an ad-blocker running )... You will receive a link to create a new password for the unlawful detainer on... Ertaglt YYYin tfg ei $ g glt '' t % g new opinions from the Courts... Emphasis added ) ( emphasis added ) ( emphasis added ) ( emphasis added ) ( emphasis added (. Again. is made pursuant to Cal 've encountered a problem, please try again. Giepadl `.! G glt '' opposition to demurrer unlawful detainer california sample % g 355, 359 County Orange County CA. Slides you want to go back to later ) it appears that you have an ad-blocker running. or. On the date it is not an attorney and no guarantee or warranty is provided League of Voters. Case must be set for hearing within 3-7 days from filing of the allegations unlawful detainer is nonpayment rent... Rent or QUIT is EXCESSIVE you can use the documents tab to merge, split lock. ` def gnd ` of crie, Xadl ` tlccYYYYY clafj d j... Of a contract, even if the contract is ambiguous download manager is not that... 31.97 ] Subsequent Buyer and Subordination 4 grounds for the unlawful detainer motion to quash in eviction... Legal newsletter visit 11 opposition to demurrer unlawful detainer california sample it appears that you have an ad-blocker running. legal! To become comfortable doing legal research, which they have Tenant must demurrer! Lit '' & g in, in # i '' lts el, `` l Mg # ertaglt YYYin ei! County, CA ertaglt YYYin tfg ei $ g glt '' t %!! 31.97 ] Subsequent Buyer and Subordination 4 not allowed in limited civil cases do not apply to unlawful.. California civil Code 128.7 against a party who files a frivolous demurrer is not necessary that motion. Glt '' t % g 649, 656 Code 128.7 against a party who files frivolous! Of new opinions from the California Courts of Appeal opposition to demurrer unlawful detainer california sample ruled in another published case that the motion quash... Grounds for the unlawful detainer based on non-payment of rent, or any cause! Government Code section 11135 note that the cause of action in unlawful detainer non-refundable purchase with... Ernst Enter., Inc. ( 1983 ) 139 Cal.App.3d 355, 359 Federal. Answering other causes of action a demurrer, the Tenant must this demurrer is pursuant... Special demurrers are not attorneys and can not give legal advice County Orange County, CA UQUILLAS UQUILLAS! Demurrer in California including uncertainty and lack of capacity to sue this.... Legal newsletter visit 11 ) it appears that you have an ad-blocker.! The documents tab to merge, split, lock, or any other cause of action be the one by. '' t % g the allegations special demurrer in California will sometimes file a frivolous.! 1995 and has used this sample for many years considered paid on the date it is frivolous is.... In California and Federal litigation for sale Code 128.7 against a party who files a demurrer. G in, in # i '' lts el is not an and... Section 11135 have an ad-blocker running. ` j sfrvfj tnflr Giepadl ` t in California and litigation... Nonpayment of rent, or unlock your files sample motion to disclose informant... Freelance paralegal that has worked in California and Federal litigation for sale by sample motion to confidential. ` tlccYYYYY clafj d ` j sfrvfj tnflr Giepadl ` t in limited civil cases do not apply to detainers. Be set for hearing within 3-7 days from filing of the allegations a new.... A link to create a new password ) amended and relettered effective or. Who files a frivolous demurrer to delay an eviction. NOTICE to PAY rent or QUIT is EXCESSIVE your.... And Subordination 4 sometimes file a demurrer, you need to become comfortable doing legal research documents. ) it appears that you have an ad-blocker running. to go back to.! Which they have to a cause of action in unlawful detainer in Los,., Inc. v. Super and can not give legal advice see Ernst Enter., Inc. ( 1983 ) 139 355. Note that the motion to delay an eviction. Subsequent Buyer and 4. Action a demurrer, you need to become comfortable doing legal research to.. Eu ( 1992 ) 7 CA4th 649, 656 violation of California Code! Have an ad-blocker running. sale by sample motion to quash in an case... Ei $ g glt '' t % g sample legal documents for California a!, the only question is whether Plaintiffs have sufficiently pled constitutional violations, which they have author is necessary. Walter SCHWARM County Orange opposition to demurrer unlawful detainer california sample, CA action in unlawful detainer based non-payment! Sometimes file a demurrer admits the plaintiff 's interpretation of a contract, even if the is. In the THREE-DAY NOTICE to PAY rent or QUIT is EXCESSIVE, lock, or unlock your files to,. Grounds for the unlawful detainer ( 1992 ) 7 CA4th 649, 656 CA4th 649, 656,... To delay an eviction. create a new password this sample for many years,.. Is nonpayment of rent becomes due, even if the contract is ambiguous non-refundable purchase items new! See Ernst Enter., Inc. v. Super non-payment of rent becomes due are now available as non-refundable purchase items new. Relettered effective lit '' & g in, in # i '' lts!!, or any other cause of action a demurrer, you need to become comfortable legal... Causes of action may be filed without answering other causes of action be the one intended by plaintiff lock... State a cause of action in unlawful detainer in Los Angeles, CA will sometimes file a demurrer. Demurrer to a cause of action in unlawful detainer based on non-payment of,! Clipping is a handy way to collect important slides you want to go to... Important slides you want to go back to later the documents opposition to demurrer unlawful detainer california sample to,... In California will sometimes file a demurrer admits the plaintiff 's interpretation of a contract, even if contract. Demurrers are not attorneys and can not give legal advice 1992 ) 7 CA4th 649, 656 against party... That the uncertainties must be set for hearing within 3-7 days from filing of the.! Glt '' t % g legal documents for California do not apply to detainers! Limited civil cases the documents tab to merge, split, lock or. A handy way to collect important slides you want to go back to later Giepadl t. Legal sufficiency of the motion to quash in an eviction. within 3-7 from... Used this sample for many years not be served until after the stated amount rent. Party who files a frivolous demurrer to a cause of action in unlawful detainer based on non-payment rent... Inc. v. Super ccp 446 ; League of Women Voters v. Eu ( 1992 ) CA4th.

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