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Christopher F. Pickering

Christopher Pickering’s Answers

3 total

  • Plaintiffs foreclosure attorney has submitted Request for Admissions from me. Can I submit Request for Admissions from her.

    Previously I had sent her an affidavit to sign stating that all the documents submitted to the court by her law firm contained no fraud. She told me after a court hearing that she didn't have to sign anything. Is this true.

    Christopher’s Answer

    You can send her a request for admission asking her client to admit or deny the truth of the matters requested.

    (a) Availability, scope and procedure. (1) Availability and scope. A party may serve on the plaintiff after commencement of the action and on any other party with or after service of process on that party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of K.S.A. 60-226, and amendments thereto, relating to:(A) Facts, the application of law to fact or opinions about either; and(B) the genuineness of any described documents.(2) Form; copy of a document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.(3) Time to respond; effect of not responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serve on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney, except that a defendant may serve answers or objections within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.(4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter, and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.(5) Objections. The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.(6) Motion regarding the sufficiency of an answer or objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this section, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. The provisions of subsection (a)(5) of K.S.A. 60-237, and amendments thereto, apply to an award of expenses.(b) Effective of an admission; withdrawing or amending it. A matter admitted under this section is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to subsection (e) of K.S.A. 60-216, and amendments thereto, the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this section is not an admission for any other purposes and cannot be used against the party in any other proceeding.

    Kan. Stat. Ann. § 60-236 (West)

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  • Can an LLC that has 2 classes of stock, B and C, force me to trade my c shares for b shares at a specified ratio?

    C shares were issued for a debt that was owed to certain members from years ago. They want to eliminate the C shares and just have one class. The B shares have voting rights and profits are usually allocated all to them. They have been paying o...

    Christopher’s Answer

    The corporation by-laws control how the company is run - the management of the company and the powers of the officers and the board of directors. The shareholder's agreement controls the rights of the equity owners vis a vie each other. These documents will need to be reviewed to see if and when the board / shareholders have the power to eliminate/ trade / swap shares.

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  • I have been added to an existing lawsuit against a LLC because of the belief by the plaintiff that I am an owner.

    I am not an owner. They attempted to serve me at my place of employment and actually served another employee with the same first name. When that employee read over the documents he noticed it was not for him and was going to throw away the docume...

    Christopher’s Answer

    • Selected as best answer

    You probably have not been properly served, but you need to check the "Return of Service" with the clerk to see if the process server claims you have been served. If the process server does so, a default could be entered against you based upon the return of service. With regard to ownership, it may be a simple as contacting the attorney and disclaiming any interest in the LLC. You should do this through an attorney because the plaintiff may be looking for anybody with assets. Once notified that you claim no interest, there may no longer be a fact basis for the plaintiff or their attorney to pursue you. A suit for abuse of process is available if there is no fact or legal basis for the suit, and it is pursued with malice.

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