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Agavni Gina Hogtanian

Agavni Hogtanian’s Answers

80 total


  • Here I go again with questions! This time on the reporters transcripts and the rule of all or portion of proceeding, Civ Appeals

    Ok, when designating the reporters transcript when they say that if you only request a portion of what the reporter noted you must point that out, do they mean a portion of the one proceeding or portion as in every time you were in front of the co...

    Agavni’s Answer

    Generally speaking, "portions" are in the context of a trial, not individual hearings (which are whole and ordered by date of hearing). While you do not have to designate all of the hearings, you need to ensure that the dates you are leaving out did not pertain to your issues on appeal. For instance, if there were any continued hearing dates on those issues, you would want to include both the original hearing date and any continued hearing dates for preparation of the reporter's transcript. Please also read the disclaimer below.

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  • Could someone briefly explain the implied findings issue in relation to evidence in laymen terms? Civil Appeals Level.

    Trust me, I know I need an attorney, I am searching but I am restricted financially, so I am in a tough spot. My reason for my asking: If the appellate court only reviews the case of the superior court for legal errors, and they consider t...

    Agavni’s Answer

    In a nutshell, an implied finding is one that the court below did not expressly spell out, but that is logically implicit or inherent in the court's ruling or conclusion. Mr. Fox provides a great example of the concept and the distinction between "implied findings" and "substantial evidence" with which I agree.

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  • Despite after two meet and confers, the defendant failed to provide full and complete responses to form interrogatories 15.1 and

    17.1. Should I file a motion to compel, or file the motion for summary judgment?

    Agavni’s Answer

    The recourse in that situation is a motion to compel further responses, Keep in mind that your motion must be filed no later than 45 days from service of the inadequate responses, unless you have a written agreement extending that deadline. Good luck!

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  • I was fired from work, but I don't think I was paid for my vacation.

    I was relieved from my employment because I did not meet the requirements for the position on January 10, but I was not paid my vacation, I was not given an unemployment handbook, or anything, just the paper that I signed that they relieved me and...

    Agavni’s Answer

    If you believe that your employment was terminated because you are pregnant, you need to consult with an employment attorney as soon as possible. The law prohibits discrimination on the basis of pregnancy; however, whether or not that is in fact what took place in your case depends on the facts and circumstances of your case. There may have been other, facially neutral or non-discriminatory reasons for the termination. Unless you have an employment contract stating otherwise, or are a union member or public employee, the employer can terminate your employment at any time, with or without a reason being stated, provided it is not an unlawful or discriminatory reason prohibited by law.

    It is unclear what you mean by "did not meet the requirements for the position on January 10," but it would not be a good idea to post any further details on this website. The facts and circumstances surrounding your employment and the termination decision need to be carefully examined by an attorney in the setting of a confidential consultation. This is a public forum and any details you post can be accessed by anyone. Most attorneys, myself included, will provide a free initial consultation of up to thirty minutes. Best of luck!

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  • If I sue for sexual harassment and lose, do I have to pay the opposing side's attorneys' fees or costs?

    If I lose a sexual harassment case in court, do I have to pay their attorneys' fees and costs?

    Agavni’s Answer

    Generally speaking, you would not be responsible for the other party's attorney's fees, unless your lawsuit was considered "frivolous" under the law - in a nutshell, this means lacking in merit and unsupported by facts and law, and other, more detailed factors defined by case law.

    A prevailing party is entitled to reimbursement of costs of litigation, so if you were to lose your case, you would be responsible for the other party's costs, after having the opportunity to contest some of the cost items claimed through a noticed motion.

    Sexual harassment cases are very fact-specific, and if you are considering making a claim or filing a lawsuit, the best course of action is to seek a confidential consultation with an employment attorney. Good luck!

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  • Can I use Form SC 108 to compel a judge from Appeals Court to answer reasons for their decision.

    Original case was filed in Small Claims Court in California.

    Agavni’s Answer

    • Selected as best answer

    That is a form that is used to request to correct or cancel a judgment. "Compel" is a very strong word and a litigant typically cannot "compel" a court to do anything, including detailing reasons for the court's decision to a litigant's satisfaction in a small claims matter. This is for general information only and not advice on your particular case - do read the disclaimer below.

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  • IS THE SC-135 FORM IN CALIFORNIA ALL I NEED TO FILE FOR VACATING A DEFAULT JUDGMENT?

    I was told I needed to file a declaration, with an answer or repsonse to the original complaint in addition to a motion to set aside and vacate default judgment. Is the SC-135 form alll I need to file if it is a limited civil action? Are there oth...

    Agavni’s Answer

    A motion to set aside a default judgment, with a supporting declaration, will be required in a limited civil action. The form you are referring to is a small claims form.

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  • Can I amend my complaint to add abuse of process?

    I filed an unlimited civil case. When the defendant was served with the complaint she threatened to ruin me however she could, including filing false and retaliatory police reports. The case is in discovery and heating up. The defendant is despera...

    Agavni’s Answer

    Generally speaking, yes - motions for leave to amend a complaint are liberally granted. If you are not very close to the trial date and there is no prejudice to the other parties (i.e. sufficient time for preparation of defenses to the newly added causes of action), leave to amend is generally granted. Do read the disclosure below - this is not a legal opinion on your particular case as not enough facts are known.

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  • Objection to interrogatory

    I am representing myself in a civil lawsuit. I am currently living with a family member and have been for the past 7 years. This person is not comfortable with me providing her address to the defendants. She considers it an invasion of her pri...

    Agavni’s Answer

    If you are representing yourself, the other party needs your current address for serving you with legal notices, discovery and documents in that case. I don't see how an objection based on privacy of a non-party resident or owner would carry any water in court, if it came down to a motion to compel, or even have a valid basis to make in good faith during the meet and confer process. If anything, it would give your opponent the opportunity to use it against you and argue, for instance, that since you wouldn't disclose your address, they were unable to provide you with notice, anytime notice is required under court rules. If you are not disclosing the fact that this is your family member's address as well, and/or if she is not a party to that lawsuit, how does that invade her privacy?

    Objecting on grounds of relevance would be border-line frivolous. Relevance is not the proper standard in discovery. The proper test is whether the information is reasonably calculated to lead to the discovery of admissible evidence, which is an extremely broad standard. If you can afford to retain an attorney to represent you, that would be the best course of action on your part as there are too many pitfalls to litigating on your own.

    Be sure to also read the disclaimer below. Good luck!

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  • Should I obtain documents from non-party with a deposition subpoena for production of document now?

    If I don't have enough time to obtain documents from non-party before discovery cutoff, can I subpoena the documents to be produced at trial?

    Agavni’s Answer

    Yes, if there is still enough time left.

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