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The Court Clerk's Abuse of Office

  • Broadcast in Legal



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“It is difficult enough to practice law without having the clerk's office as an adversary.” (Rojas v. Cutsforth (1998) 67 Cal.App.4th 774, 777 [79 Cal. Rptr. 2d 292] (Rojas).)

1) If a document is presented to the clerk's office for filing in a form that complies with the rules of court, the clerk's office has a ministerial duty to file it.
2) Even if the document contains defects, the clerk's office should file it and notify the party that the defect should be corrected.
3) Failure on the Part of the "clerk of the court" to do its ministerial duties makes The "clerk of the court" liable to violations of State and Federal Constitutions dealing with "access to the court" as outlined in U.S. Const 1st Amendment.
It also opens the door for initiating a Writ of Mandate (mandamus) on the "clerk of the court".