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Anne Brady

Anne Brady’s Answers

1,091 total


  • Is it proper for a plaintiff to serve notice of complaint to a 13 year old child if the defendant parent is absent?

    HI The plaintiff has served notice of complaint to my 13 yo son who happened to have disability (autism), which is very well known to the plaintiff. Is this proper, what can I do about it? The plaintiff is a lawyer (legal fees debt). Elena

    Anne’s Answer

    The threshold question is whether the person served was of a suitable age. Arguably, he was, since he managed to get the summons to the defendant parent. The process server will probably file an affidavit of service saying he left the summons and complaint with a teenage boy who appeared to be of suitable age. You do not say if your son was traumatized in some way by being served. If so, there may be some sort claim that you could bring in a separate action on behalf of your son.

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  • Citing cases in Arizona Maricopa Superior Civil Court

    Can you cite published appeal cases that originated from a different division of the superior court? So, an appeal published decision that originated in Family or Criminal Court can be cited in a Civil Court pleading?

    Anne’s Answer

    Certainly cases may be quoted that originated in a different type of court. For example, in drafting a brief arguing that the court in a civil lawsuit had jurisdiction over property in a foreign jurisdiction, I recently cited to cases originating in divorce court dealing with the division of community property in a foreign jurisdiction. This does not happen often because the facts rarely line up, and the opposing party will use that fact to distinguish the case cited, but it certainly is allowed.

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  • Arizona Maricopa Superior Civil Court question

    I objected to a request for admission but I still provided an answer. Can my answer be used in a pleading from the other party or must the other party remove the objection before they can use my answer. For example, I stated that I was in Californ...

    Anne’s Answer

    A discovery request does not need to be relevant, only reasonably calculated to lead to the discovery of admissible evidence. Also, yes, once you admit to something, the other side can cite that admission whether you also objected to the request or not.

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  • I am going to sue in the Superior court in Arizona. Is there a way to avoid arbitration?

    Is arbitration always on the table, or can I avoid it? I would like to get my case to the Judge not arbitrator.

    Anne’s Answer

    If your case is for less than the minimum amount requiring compulsory arbitration (less than $65,000 in Coconino County) then it is subject to compulsory arbitration. If you do not like the results of compulsory arbitration, you can appeal the decision to superior court, and your case will be subject to a decision/trial de novo, as if the arbitration had never happened. If your case is for less than $10,000, you can file it in Justice Court in Flagstaff, and it will go before a justice of the peace, rather than an arbitrator.

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  • I am suing a business for fraud. I found yet another proof but it is from 2012. Can I still use it? It all happened in Arizona.

    Basically, can I use proof that is more than 2 years old?

    Anne’s Answer

    The statute of limitation in Arizona for fraud is three years.

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  • Can a creditor go against their own written contract for a Same As Cash offer?

    I paid off a 360 day same as cash furniture account several days before the end of the term. Now, several months later, I received a letter in the mail stating that I owe them the $550 that I would've owed, had I not paid it off in time. I have ...

    Anne’s Answer

    Sounds like a snafu in their accounting department. Before sending them anything, I would phone them up to discuss. Find out what they need from you to fix it. They may just tell you you can ignore the letter.

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  • If I file bankruptcy before I am served in a lawsuit, is the lawsuit considered invalid?

    Would the lawsuit be considered invalid if I haven't been served yet and I file bankruptcy?

    Anne’s Answer

    I agree the lawsuit would be stayed. However, if the bankruptcy was filed merely to accomplish this, the creditor may be able to get the bankruptcy dismissed as a bad faith filing. Also, if you do not qualify for bankruptcy protection that would be another reason the creditor may be able to get it dismissed.

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  • Can I take action against a repair shop for concealed/short/long term damage to my car's engine during repair/test drive?

    I brought my car to a repair shop to diagnose a fluid leak. They found a split coolant hose so I had them repair. I called later to check on things and they said it had overheated during the test drive. I told them to check for air in the cooling ...

    Anne’s Answer

    You are not going to have much success recovering against the repair shop if all you have is that "some" mechanics agree that your car "most likely" sustained some sort of damage to the head gasket. If there is some way for an expert mechanic to be more certain that the repair shop damaged your vehicle and s/he can put a price tag/value on that, then you may have a decent case.

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  • Can a plaintiff remove a defendant from a lawsuit after the defendant has both answered the suit and filed a summary judgment?

    A plaintiff agreed to remove me as a defendant in a lawsuit in a district court a year after he had filed it. I had already answered the complaint, and filed a motion for summary judgment. He stated his lawyer advised him to file an Order of Dis...

    Anne’s Answer

    A plaintiff can always voluntarily dismiss a defendant from litigation. It is common in cases where parties reach a settlement agreement, for plaintiff to file a motion to dismiss that defendant, for the reason that they have reached a settlement.

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  • Can my boss fire me if I am on doctor ordered sick leave

    i had a heart attack and a stint inserted in March. My doctor's written release for work "was after completing cardiac rehabilitation". My boss told me I would be fired if I did not return to work in her timeframe Is this legal?

    Anne’s Answer

    Pursuant to the Family Medical Leave Act (FMLA), which is a federal law, an employer must give an employee up to 12 weeks off to recover from a serious medical condition that prevents the employee from doing his/her job. If your boss is requiring you to come back sooner than that, you need to let your employer know as soon as possible that you are taking the time off pursuant to the FMLA.

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