Cameron Hall Totten's Answers

I was arrested for Domestic Violence but my girlfriend is now admitting that I did not hit/hurt her. What do we do?

The DA may decide to continue with the prosecution if they believe that they have enough evidence without her testimony. She can attempt to avoid the subpoena but once she is served, she must show up in court or will be subject to contempt. Your public defender may be correct that the court rarely prosecutes those type of contempt orders but she is taking a big risk.

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Can I sue for libel and defamation of character against a client?

It is true that opinion is not actionable as defamation. However, it appears that several of the statements that he made are factual. If they are false and he knows (or should know) them to be false and they tend to injure you in your occupation, then you may have an actional claim for defamation. You may be able to sue the client in California based on whether he has "minimum contacts" with California. You should consult an attorney in this matter as there are several issues that need to...

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I am in California and I need to send Subpoena for production of business records to a company based in another State (Florida).

You need to serve the subpoena in California if possible. Otherwise, you may need to get a commission to have the company served in Florida. If the company will simply accept service by mail, you could do a notice and acknowledgment of receipt or some other type of agreement which sets forth that they agree to accept service of the subpoena.

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What is the next Steps

If he does not respond, you can file a request for entry of default and, after it is entered, a request for default judgment. If he does respond, you simply need to prosecute your case. There is no specific form to file.

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Car Repossessed, considering filing Chapter 13 emergency petition

No, filing an emergency petition will not get the car back. Filing a bankruptcy petition can stop a lender from repossessing your car but it will not reverse something that already happened.

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BK and outstanding restitution order

The court will ultimately determine whether your debts are dischargable. There is no need to tag or flag a debt beyond what is required by the forms.

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I'm not happy with the judge's decision requiring him to pay me $260 also a bounced check. Can I sue the judge?And the landlord?

You can appeal the judge's decision to either the Appellate Division of the Superior Court or the Court of Appeal. However, the time to appeal is 60 days from the court's judgment, with some exceptions.

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LLC vs. Sole Proprietorship - which one to choose?

Although an LLC or corporation will not make you immune from liability, it will limit your personal liability to a much greater extent than a sole proprietorship. For example, in any action against a corporation, it is necessary for the plaintiff to "pierce the corporate veil" before any liability can be found against the owners of the corporation. That is a tough burden to overcome but would not be necessary when suing a sole proprietor.

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How can I do to have him to correct the problem for me without additional cost?

You can sue him for damages and a refund of your money and get someone else to correct the problem. However, the court will not order him to correct the problem. The court will only award you monetary damages against him.

Home foreclosed after HAMP requested,

What's the question? Unfortunately, this happens all the time. You can sue for damages but it is extremely difficult to keep possession of your home during the lawsuit.