Brad A Denton’s Answers

Brad A Denton

Mesa Business Attorney.

Contributor Level 10
  1. Can I name all the individual partners as Defendants if I sue a General Partnership?

    Answered about 2 years ago.

    1. Brad A Denton
    2. Thomas J. Bashara II
    3. Frederick Charles Thomas
    3 lawyer answers

    This depends on the facts of the case. If the general partnership is a true general partnership (not a limited partnership), then each of the partners is individually liable for the partnership's liabilities anyway. But it is very rare nowadays to see a business intentionally structured as a general partnership. I wonder if you meant to say that the business is a limited partnership, with general partners? Even if the entity is a limited partnership (or some other form of entity besides a...

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  2. In Arizona, does the deposing party have to pay for the other sides deposition transcripts?

    Answered over 1 year ago.

    1. Brad A Denton
    2. David Black
    3. George Costas Andriotis
    3 lawyer answers

    No. If the Plaintiff notices the deposition, then the Plaintiff will pay the reporter's fee for being at the deposition. The Plaintiff will also pay the court reporter for a copy of the transcript if desired. If the Defendant wants a copy of the transcript, then the Defendant would pay for that. Brad Denton GundersonDenton.com 480-325-9950

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  3. On the court summins there is no court date. Is the summons legal?

    Answered about 2 years ago.

    1. Thomas John Cesta
    2. Brad A Denton
    3. Diane L Drain
    4. Hale Andrew Antico
    4 lawyer answers

    Yes, it is legal. If you are in Arizona and have been sued in Arizona state court, the answer deadline is usually 20 days after you were served. You might want to discuss with an attorney the possibility of filing a motion to dismiss before filing an answer. You wouldn't want to inadvertently waive any defenses you have. There are links discussing litigation issues below if you care to review it. Brad Denton Direct line: 480-325-9913

    5 lawyers agreed with this answer

  4. Can a Court gain jurisdiction over a foreign general partnership that has no statutory agent?

    Answered over 1 year ago.

    1. Brad A Denton
    2. Maxim Volsky
    3. Celia R Reed
    3 lawyer answers

    If the tort occurred in Arizona, and the tort was done on behalf of the partnership, then most likely Arizona courts are going to have jurisdiction over the partnership. Depending on the type of tort, there might be a fight over whether it "occurred" in Arizona, and there might also be a fight over whether the tort was "done on behalf of the partnership." But that's the general rule that the court will apply in deciding whether it has jurisdiction.

    4 lawyers agreed with this answer

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  5. I am scheduled for a tel. hearing requested by last employer. I honestly dont want to go againts a large company. who's willing

    Answered over 2 years ago.

    1. Brad A Denton
    2. Elizabeth A Faulkner
    3. Marilynn Mika Spencer
    3 lawyer answers

    If you don't want to appear, you don't have to. If you don't call in, your employer will prevail and you will be required to return any unemployment benefits you have received. If you decide to fight after all, you can expect to pay about $1,500 to an attorney to help handle it. I have handled many of these types of cases. Brad Denton

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  6. Iam a seller and have signed a contract with a buyer. No real estate agent is involved. How can I void this contract?

    Answered 6 months ago.

    1. Anne Brady
    2. Brad A Denton
    3. Steven Roger Rensch
    4. Steven R. Janssen
    4 lawyer answers

    The terms of the contract will determine whether you can get out of it. If it was written without the assistance of an attorney, then the chances of you getting out of the contract are probably better. Your options to escape the contract might expire as time passes, so you probably want to meet with a lawyer to discuss soon. Brad Denton www.GundersonDenton.com

    3 lawyers agreed with this answer

  7. Can the Defendant in a civil court case demand more detail/evidence regarding Plaintiff complaint and disclosure documents?

    Answered about 2 years ago.

    1. Brad A Denton
    2. Daniel Nelson Deasy
    2 lawyer answers

    Under Arizona Rule of Civil Procedure 26.1, these questions tend to be resolved by judges on a "common sense" basis. In other words, the answer to your question is that the witness must be disclosed if she has relevant information. What is relevant? Well, of course that depends on the facts of your specific case. It is very unlikely that your case would be dismissed the first time this dispute were brought before a judge. Dismissal usually will only occur if the judge orders you to...

    3 lawyers agreed with this answer

  8. If I am involved in a civil law suit about a real estate partnership based on a verbal agreement and the partners were me wife

    Answered almost 4 years ago.

    1. Brad A Denton
    2. Mitchell Reed Sussman
    3. Andrew Daniel Myers
    3 lawyer answers

    I agree that a motion for summary judgment is the right motion to file. However, you need to file some groundwork first. Well-defined requests to admit and interrogatories will give you the foundation for your motion to succeed. In my experience on this type of case, you will want to make sure your ducks are in a row before filing. Also, the angle you take might be different depending on which Maricopa County Superior Court judge is assigned to your case. Brad Denton More information...

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  9. Breach of Fiduciary and Personal Expenses Run through the business

    Answered about 2 years ago.

    1. Brad A Denton
    2. Michael Charles Doland
    3. Massimo Paternoster
    3 lawyer answers

    I strongly recommend that you have an attorney review your operating agreement with you and discuss the claims you might have against your partner, and the claims he might have against you. Even if you are not looking for a fight now, you certainly want to know what exposure you might have, and how you can best position yourself for possible future problems. Having litigated this type of matter (and avoided litigation in this type of matter) many times, I can tell you that figuring out your...

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  10. Does An Attorney Have to File A Notice of Appearance to File a pleading on behalf of a party?

    Answered over 2 years ago.

    1. Brad A Denton
    1 lawyer answer

    Usually filing a motion to dismiss on behalf of a party would be an initial pleading that would constitute an appearance on behalf of the defendants for whom the motion was filed. But it will depend somewhat on the wording in the motion. If the attorney has been retained by all the defendants to represent them, then the answer is no--the lawyer does not need to file a notice of appearance in addition to filing a motion to dismiss. Brad Denton www.GundersonDenton.com 480-325-9913

    2 lawyers agreed with this answer

    1 person marked this answer as helpful