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Matthew Paul Krupnick

Matthew Krupnick’s Answers

138 total


  • How do you get a motion to dismiss?

    Rental home with NO CORROSIVE DRYWALL; had home tested by reputable person. Tenants found someone else to test. Tests results from lab in Ca. indicated no corrosive drywall. Have documentation from the lab in Ca. that there is NO CORROSIVE DRYW...

    Matthew’s Answer

    I am unsure if you are being sued as an individual or if you have a corporation. If you have a corporation, you MUST have an attorney representing you in Court (by law). Regardless, if this Plaintiff's attorney is not delusional or on serious drugs, then he feels he has huge cases if he is seeing up to 25 milllion dollars. I would not take this lightly, and I would not seek sanctions or plan on getting the case dismised this early on. You could file a demurrer or motion to strike, but you would need to be able to show that the information stated within the four corners of teh complaint are insufficient to properly state aa cause of action, EVEN IF EVERY ALLEGATION IS TAKEN TO BE TRUE BY THE COURT for purposes of ruling on the motion. Motions to strike are often done to get rigd o punitive damagesk for example. I am not sure whether he has plead punitive damages, but it would something egregoius like that to get a judge to strike them. I think you should get a good lawyer, respond to the complaint, file a cross complaint, and consider a c.c.p. 128.7 motion with your lawyer if you think there is foul play or inappropriate conduct from the other attorney. Either way, best of luck and feel free to reach out to me to discuss further at 310-477-0404. -Matthew Paul Krupnick, Esq.

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  • Was this legal to do?

    My niece used my name and phone # for a reference on her school loan. I did not know about this nor would I have allowed it. She has never paid a cent on this loan. I never would have given her a reference. Now I am being called constantly. I...

    Matthew’s Answer

    They should not be bothering you as you have no legal obligation to them. As for your niece... I would give her the silent treatment indefinitely.

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  • I have a federal PI case and the trial is next month and I am preparing subpoenas for attendance.

    What should the date on the federal subpoena say for them to attend if the trial is for 7 days.

    Matthew’s Answer

    It should state the first date of the trial. However for cooperative / friendly witnesses, you can send a standby letter with the subpoena which basically has them signing promising to appear on 24 hours notice rather than having to sit there from the first day of trial until after they are dismissed (which would be after their testimony is completely over). Without the standby letter, the witness will have to appear the first day of trial and stay the entire time until they are called to testify.

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  • So i have 2 question for all these attorney here which pertain to the car you drive everyday.

    1. how many times do you get into your car a day and start it to go somewhere 5,6,7, lets say 8 times and out of those 8 times do you notice the check engine light alluminate??? be honest cause if you say 8 times your lying.... 2. lets say yo...

    Matthew’s Answer

    I am not sure if this is a serious question or a joke... I would ask that you revise it and give us a clear, clean question that requires an attorney's opinion, not a mechanics. Best of luck to you.

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  • Court date was today. confused what time. logged in and selected court date reservation. now it's pushed to May. Did I mess up?

    I got a ticket for using my cell phone at a red light. I filed for extension and the court date is set for today. I logged in to see what time, but the only options were for me to pay fine, traffic school and fine, or court date reservation for ar...

    Matthew’s Answer

    You can file a California Code of Civil Procedure Section 473 Motion and Declaration. Clearly you had a misunderstanding, and a seemingly "reasonable" one. Section 473 is designed to have court rulings, judgments, etc. set aside when it cam from an attorney or unrepresented party's mistake, inadvertence, surprise or excusable neglect. I think you certainly qualify for more than one of those. There are strict timelines to bring the motion and I would suggest hiring an attorney to do it for you. You will have to come right out and admit you made a mistake essentially. Once you do, in most cases, the court is almost required to give you another chance to make things right. Read the section. You can find it online. Feel free to call my office if you have any questions at 310 477 0404. I have handled so many motions like this and if done right, the odds should be in your favor. Best of luck to you either way.

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  • Am i still eligible to file a workers comp claim injured 12/2009

    I reported an injury, carpal tunnel to the company, and was sent to Health works. I was restricted not to lift no more than 5 lbs. The company said they had no provisions for me., I was sent home. I could not afford to be off work, and receive wo...

    Matthew’s Answer

    This is a clear case of a situation where you need to speak to an experienced worker's comp attorney ASAP. FYI, comp attorneys charge about the fairest rates of any attorneys and always give a free consult. Trust me, call now to discuss your case. If you need a good referral, feel free to contact me.

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  • Statute of limatations on dental malpractice

    dentist needle to deaden area hit a nerve causing trigenial neuralgia causing shocks to go up the side of face like electric shocks any time day or night person screams with pain for about 5 minutes at a time this started april 3 09 still no rel...

    Matthew’s Answer

    I might be missing something, but I am not seeing a clear question. However, in California, for all Medical (Dental included) malpractice, I believe the statute is GENERALLY one year from the date of malpractice or the time can start running from when the patient knew, or reasonably should have known, that the malpractice occurred. One year is a safe date. Also, there is a requirement for a 90 day letter to be sent prior to initiating litigation here in California. While it is only a State Bar violation if it is not done, you want to make sure your attorney is aware of it and complies with it. These are tricky cases and you should seek a great attorney immediately.

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  • What is Preston objection oral 1013?

    Help

    Matthew’s Answer

    I feel like that is a misunderstanding you heard someone say. Or, I have no idea without looking it up. Perhaps, Preston made an oral objection at 10:13 a.m. or objection to code section 1013?? Give more info and I will do my best to give you a real solid answer.

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  • I live in Hawaii just had a hearing judge made a ruling without reviewing all filed documents and responses to father motion

    I have to file and or answer the order the father attorney sent in 5 days. I do not agree with the order as i stated because the judge failed to review all the documents filed before his ruling I wantened to file a motion to set aside so it may ...

    Matthew’s Answer

    You have several options (according to California Law). You can use California Code of Civil Procedure (or "CCP") Section 473. However, you have 10 days to file a Motion for Reconsideration ("MFR") There is a CCP section that outlines the requirements and procedure, but if you Google search the following terms you should be able to find what you need: "California Code of Civil Procure Motion for Reconsideration".

    For the MFR, you will need to show something new, or a change that occurred for example. The other Code sections and caselaw allow for you to try to get the ruling overturned based on mistake, inadvertence, excusable neglect and/or surprise. You will need a declaration or affidavit signed under penalty of perjury where you admit you made a mistake or that you legitimately and understandably were taken by "Surprise" or made a reasonable "Mistake". Assuming that this motion is not one of the few things that a CCP 473 Motion does not apply to (such as a ruling on a Motion for Summary Judgment0, you should be able to craft your declaration in a way that satisfies the requirements of the CCP while not admitting that the whole thing was your fault or purely the judge's fault (true or not, I don't recommend calling the judge a moron, even in politically correct lingo... it never winds up creating a good result in my experience).

    You also might be able to take it up on an immediate appeal, or a writ, where a three panel appellate court will consider your moving papers and will let you argue in front of the three judges and possibly overrule the trial court judge. If you have proof (witnesses, audio recording, perhaps the court reporter's transcript, etc.) of the judge's misconduct, the appellate court may very well convince the judge to rethink his position in their ever-so-influential way that they do.

    I once did a trial where the judge slept through (LITERALLY) about 1/3 of the trial, and it was a bench trial, which means there was no jury; the judge WAS the jury. We actually lost that trial based on some proveably false facts that the judge stated in his written ruling were true facts that came out in evidence. Clearly, the judge slept through those critical parts of the trial, and my client suffered a great injustice because this judge, who apparently was known to everyone but me to be a sleeper, decided to stay on the bench in the weeks before his major pending surgery (which meant he was also very likely on medicine like OxyCotin and / or others that make you drowsy and affect your hearing) and continue sleeping through more than half of our trial rather than retiring or taking sick leave until after his surgery.

    I feel sorry that you have been put in this awkward position. Be careful how you frame your argument, but I would recommend you taking immediate action (careful of the various crucial timelines/deadlines that govern all of these efforts, some of which can be tried along with others) and at least try to shed light on what I believe is another judicial injustice. These types of things cannot go unchecked.
    Best of luck to you.

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  • Is it recommended that I bring in exhibits to court ordered mediation with Family Court?

    I was told that Mediators can choose whether to review exhibits that are submitted. Would you recommend that I bring in police incident reports? Is this considered evidence? Are mediators able to review reports that may not be admissible with a...

    Matthew’s Answer

    Yes, couldn't hurt. Unless they are exhibits you can use for impeachment at trial.

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