Clerk Cannot Refuse To File Motion.

 “It is difficult enough to practice law without having the clerk’s office as an adversary” an appellate court wrote.  It added that whether the moving party’s motion “has legal merit is a determination to be made by a judge, not by the clerk’s office.”  Noting that actions by the clerk’s office were “quite troubling,” the court stated that when a document presented for filing is in a form that complies with the rules of court, the clerk has a ministerial duty to file it and then notify the party that the defect should be corrected.  Voit v. Superior Court (Julie Montano) (Cal. App. Sixth Dist.;  December 14, 2011) 201 Cal.App.4th 1285.