You should tender the defense to your insurance carrier by providing a copy of the Plaintiff's Claim to your insurance carrier. If there is coverage, the insurance company will send a claims representative to accompany you at the small claims court trial.
No, this is not normal nor right. You should only speak with an attorney, not a paralegal or office assistant regarding your case. The person with whom you spoke is probably unlawfully practicing law without a license. You can look up an attorney's license and discipline history at www.calbar.org. Input the attorney's name in the top legal corner of the home page.
If a governmental entity might be responsible, in part or in whole, for your personal injuries, you need an attorney to file...
A limited liability company or corporation name may be adopted if the name is not the same as or too similar to an existing name on the records of the California Secretary of State or if the name is not misleading to the public.
You can check name availability by sending in the following form to the California Secretary of State: http://www.sos.ca.gov/business/corp/pdf/naavinquiryform.pdf
However, just because you are able to register the LLC name in California does not mean that you won'...
Yes. However, for written discovery, the California Code of Civil Procedure requires that the plaintiff wait 10 days after service of the summons or appearance by that party, whichever occurs first. Defendants do not have such waiting period and can serve discovery anytime (even before filing an answer).
According to the CA Secretary of State website, the agent for service of process is in Sacramento:
Entity Name: ALASKA AIRLINES, INC.
Entity Number: C0914667
Date Filed: 03/29/1979
Entity Address: PO BOX 68900
Entity City, State, Zip: SEATTLE WA 98168
Agent for Service of Process: CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE
Agent Address: 2710 GATEWAY OAKS DR STE 150N
Agent City, State,...
In California, prejudgment interest may be awarded in the discretion of the trier of fact, so long as the damages are certain or capable of calculation. (CA Civil Code section 3288).
The statutory interest rate on tort claims under the CA Constitution is 7 percent.
Prejudgment interest is might recoverable on tort damages under CA Civil Code section 3287(a) in tort actions for property damages from the date when the defendant has notice of an amount certain or capable of being made...
It depends upon the amount of potential recovery. While it is quite common for personal injury attorneys to charge on a contingency fee basis, there is nothing which prevents an attorney from charging an hourly rate, or even charging a flat fee, or some combination of contingency, hourly, and flat fee.
I would advise that you hire an attorney for the appeal. In small claims court appeals, an attorney can appear on behalf of a party. At the appeal, a new judge hears all the evidence again and makes a decision. That judge doesn’t know what happened in the first trial, so this new judge looks at everything as if the case was being decided for the first time.
Again, you can have an attorney represent you at the appeal, and it is possible that the judge may award you $150 in attorney fees and/...
After you prevail (i.e., win the case) and obtain a judgment in your favor, you can use a Judicial Council Form, not LA Superior Court Form, called Memorandum of Costs. Go to http://www.courtinfo.ca.gov/cgi-bin/forms.cgi and use MC-010 (Memorandum of Costs Summary) and MC-011 (Memo of Costs Worksheet)
Depending upon the judge, but typically the case, the parties wait outside (either in the courtroom or in the hallway) while the attorneys speak to the judge in chambers during a Mandatory Settlement Conference. Judges don't like to have direct communications with the parties unless or until there is a full settlement (or pretty close to a full settlement).
If your current attorney has already filed a motion to be relieved, albeit previously denied by the court, my suggestion is that you...