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Mark Steven Eisenberg

Mark Eisenberg’s Answers

143 total


  • My attorney served me via mail within California with Notice of Motion and Motion to Be Relieved as Counsel-Civil (MC-051) that

    included a date and time set for a hearing. CCP 1005 (b) requires that I would be served at least 16 court days plus another 6 court days (totaling 24 court days) before the hearing. I was served less than these 24 court days. Does this render the...

    Mark’s Answer

    I agree with Mr. Barnes. Go back and read the service statute again.

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  • Is it legal for a retail store to use their security video recording to settle a dispute over what their salesman said or didn't

    My wife went to a Verizon Retail store to get a replacement cell phone. She is an English learner and has a pretty good vocabulary but does not fully understand fast speaking Americans. When she left the store, she had a new iPhone for everyone on...

    Mark’s Answer

    Since the surveillance video is Verizon's property, Verizon has no obligation to voluntarily share it with you. If the store manager won't let you see view it, submit a written request to Verizon's loss prevention department. If that doesn't work, you'll probably have to subpoena the video in a civil proceeding.

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  • Is there a statute of limitations on Fraud cases?

    If the police have a bunch of information regarding money fraudulently taken from a group of people how long do they have to file criminal charges?

    Mark’s Answer

    The statute of limitations for fraud is three years from the date of discovery of the facts giving rise to the fraud. See Code of Civil Procedure section 338.

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  • How does a motion to compel work?

    I made a demand for production of documents. Responses were insufficient. I'm taking the deposition of defendant in 2 weeks, and I'm making the identical demand for production of documents in my depo notice. Do the 45 days run from the date of ...

    Mark’s Answer

    The CCP 2031 inspection demand and the CCP 2025 notice to produce docs at deposition are separate and distinct, each governed by its own statute and each with it's own 45-day deadline to bring a separate motion to compel. If discovery response is served by mail, your deadline to file a motion to compel is extended by an additional 5 days. So it would be 50 days from the date on the proof of service of the response. Don't forget to meet and confer with opposing counsel before filing.

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  • My attorney's license was suspended, di I have the right to go somewhere else?Would I still owe him fees?

    In January I received a letter informing me that my attorneys license was suspended.They tried to pass my case to someone else in the building but i don't want that attorney.What can I do?They are telling me im still responsible for the fees and w...

    Mark’s Answer

    Rule 3-700 of the California Rules of Professional Conduct require your former attorney to release your file to you 'promptly' upon request, regardless whether you paid for it. As far as finding another attorney, I suggest you start by using the 'Find a Lawyer' feature at the top of this web page.

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  • What is different about a complex case?

    With all the motions to compel and replies to opposition the other party has forced me to file, with this last motion to deem admissions admitted, and the other side's atty filing an Opposition just 3 court days before the hearing so I couldn't Re...

    Mark’s Answer

    You've said nothing about the substance of your case so it's impossible to tell whether it's complex. Rule 3-400 of the California Rules of Court defines "complex litigation" as “An action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and counsel.” Under the CRC, the court must decide as early as possible whether an action is a complex case. The L.A. Superior Court has a questionnaire for that purpose. Complex cases typically involve a large number of parties, witnesses, documents, data, law and motion, or any combination of those things. Substantively, complex litigation involves construction defects, mass tort, class actions, securities, environmental/toxic tort claims, etc. From what you've described, if it's just you and the opposition represented by counsel, it's probably not complex litigation.

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  • Are emails I received from spouse's attorney considered confidential settlement negotiations in a civil domestic violence case?

    Three days after I served my wife divorce papers, after she admitted having an affair, I was served with a civil domestic violence restraining order with false accusations of verbal abuse. Yesterday I received a call from my wife's newly hired ...

    Mark’s Answer

    Under California Evidence Code section 1152, settlement discussions/negotiations are privileged and confidential, which means they are inadmissible in court. Section 1152 protects all settlement negotiations, whether written or oral. The purpose for the privilege is to encourage the parties to negotiate openly, reasonably and in good faith, without fear that a settlement offer could be construed as a party's ceiling by the deciding judge. This is why there are rules in place prohibiting trial judges from presiding over settlement conferences in cases they may later adjudicate.

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  • Is it normal to give a lawyer money when he starts a case?

    I have a case but the lawyer wants to charge in advance the money and will send me a monthly bill??? Is this a normal situation? Never had a tax lawyer before.

    Mark’s Answer

    This fee arrangement, called a 'retainer,' is standard operating procedure for any attorney who works and bills out on an hourly basis. It is called a retainer because when the client retains an attorney to act for him/her, the client thereby prevents the attorney from acting for an adversary.

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  • I was served a demand for production but the questions are numbered incorrectly, do i have to answer?

    The demands start are consecutive from 1 to 11, but go from 11, back down to 9 and then start going back up again. So its Demand 9, Demand 10, Demand 11, Demand 9, Demand 10, Demand 11, Demand 12. The first Demand 9 is a different question than t...

    Mark’s Answer

    This sounds like an inadvertent typo in the requests. Not only do judges like to see the parties work together to resolve disputes, especially in discovery, but the Discovery Act and local rules require that the parties do so. I suggest you contact the opposing/drafting party, advise them of the numbering error and work together to resolve it. Simply refusing to respond will likely result in a motion to compel responses, and the judge will probably order you and the opposing party to find a solution that allows (and requires) you to respond.

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  • I am Plaintiff in Pro Per, in an Unlimited Civil case. Defendant Demurrer hearing is up coming. What am I to expect.

    Does the Judge generally rule on the Demurrer solely based on the Defendant's Motion for Demurrer and the Plaintiff's filed response before the hearing--or will the two parties get the opportunity to present their oral arguments and present exhibi...

    Mark’s Answer

    A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. No other extrinsic evidence is allowed. Whether you will be allowed to present oral argument at the hearing depends entirely on your judge. You might consider calling the clerk of your department to ask if your judge allows oral argument, whether your judge prepares tentative rulings, and whether your judge applies any particular rules or procedures relating to demurrers.

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