What is deemed within a party's possession, custody or control?

MultiRegion, United States of America

The following excerpt is from Blount v. Lopez, Case No. 1:13-cv-01705 DLB (PC) (E.D. Cal. 2014):

1. Property is deemed within a party's possession, custody or control if the party has actual possession, custody or control thereof, or the legal right to obtain the property on demand. Allen v. Woodford, 2007 WL 309945, *2 (E.D. Cal. 2007).

Other Questions


In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Does a party who enters upon land by lease from a mortgagee in possession, or purchases from the mortgagee, be estopped from denying the right to possession of the land? ("New York", United States of America)
Is a party who denied possession of a property at the time of the purchase of the property entitled to a third party's property? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
Does a party responding to a document request have an obligation to produce a document in the possession of a non-party entity? (MultiRegion, United States of America)
Does section 844(a) of the Federal Drug Control Act, which prohibits the possession of small amounts of drugs, make drug possession a crime? (MultiRegion, United States of America)
Is a party required to produce a document in the possession of a non-party entity? (MultiRegion, United States of America)
Can non-party parties be enjoined from interfering with res in the court's constructive possession? (MultiRegion, United States of America)
Is an agreement in writing that is signed by one party alone and delivered to and accepted by the other party binding upon both parties? (federal, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.