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John Ksajikian’s Answers

445 total


  • I live in northern California, I have these neighbors with bratty out of control kids we have had three rock throwing incidents

    the first incident we went to talk to the parents because they hit my dad with a rock, the mother did not want to hear it, so when we had the second incident they hit my vehicles in my driveway so i called the police and he spoke to them and he to...

    John’s Answer

    Consult with a local attorney to discuss your options. The attorney may tell you to start documenting your efforts to notify the parents of their child's misbehavior; in other words, if you go talk to them, you put yourself in a "he said, she said" situation, so send them letters instead. That way, they can't say they were never informed. (If there is a police report, then that, too, will serve as proof of notice.) Again, this is something you should at least talk to a local lawyer about. It won't cost you anything to have an initial consultation, even if the attorney decides not to take the case.

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  • Do I have to attend pre-trial hearings if I live out of State?

    I filed a motion for summary judgment, the court set up a hearing date but I live in a different State (diversity civil lawsuit). Do I have to appear to the hearing? I really can't afford to appear to every pre-trial hearing and prefer appearing o...

    John’s Answer

    If you do not have an attorney, then you have to appear, but you may be able to do so by telephone. CourtCall is a service that allows you to attend hearings by telephone. However, not all courts accept court call appearances, and those that do may not allow Court Call (or telephonic) appearances for everything. For example, a motion for summary judgment (or "MSJ") may be one of those hearings, since it is so involved. The best thing to do is check with the Court: call the court clerk and speak to him or her about your situation. Even if a Court has a general rule agains CourtCall, the judge may make an exception for your situation. CourtCall charges a fee for their service, but it'll be significantly less than flying out to CA for a hearing.

    As my colleague noted, you can also hire an appearance attorney to attend the hearing on your behalf.

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  • How do I get info for judge to stop dismissal of my case?

    I need to. Prove statute but need to get info to judge before court date in which is in 5 days.

    John’s Answer

    It's unclear from your question what you need to do to stop the dismissal of your case, but if you want to have the judge review something, you need to file it with the court and serve it on the other side.

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  • I am Plaintiff in Pro Per in an Unlimited Civil case. I have a Demurrer hearing coming up in about 30 days.

    I have already file my opposition to the Defendant's Demurrer and motion to strike portions of my Complaint. I would like to add some information and civil codes to my response...since the date of the Demurrer hearing is about a month away, can ...

    John’s Answer

    Yes, you may file and serve an amended opposition or supplemental opposition so long as you do so in a timely manner (no later than 9 court days prior to the hearing).

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  • I am Plaintiff in Pro Per in an Unlimited Civil case. I have a Demurrer hearing coming up in about 30 days.

    I have already file my opposition to the Defendant's Demurrer and motion to strike portions of my Complaint. I would like to add some information and civil codes to my response...since the date of the Demurrer hearing is about a month away, can I ...

    John’s Answer

    Yes, you can file and serve a supplemental or amended opposition so long as you do so in a timely manner (no later than 9 court days before the hearing).

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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...

    John’s Answer

    More often than not, the Judges have a "tentative ruling" before the hearing, which is based on the papers submitted. Sometimes the tentative ruling is posted online or sent to the parties (or their attorneys) to help them prepare for oral argument. You can argue, but you likely won't be able to present further evidence. You want to put your best foot forward in the papers submitted -- not hold anything back until the hearing. So what is the purpose of oral arguments? If the Judge didn't understand an argument you made in your papers, you can clarify. Or if you feel that the Judge missed an important bit of case law or misapplied the law to your case, then you can argue that as well.

    It is very dependent on the Judge. Some Judges won't change their ruling, and only allow oral argument to allow you to "make a record." Others will seriously consider what you say in oral arguments, and if you raise a point they didn't fully appreciate or consider, they may hold off on their ruling. In that case, they take may take the matter "under submission," go back to the drawing boards, and issue their final ruling later.

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  • Can a mandatory settlement statement be hand delivered to opposing counsel and also hand delivered to the mediator judge of reco

    Civil case going for a mandatory settlement conference. need to know if a messenger can hand deliver the settlement offer directly to opposing counsel and also deliver a copy of the offer to the judge handling the settlement (which is in a differ...

    John’s Answer

    Yes, you can hand deliver these documents, but you don't need to. If you have time, you can serve by mail.

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  • Is it a court requirement to sent a Defendant's attorney a courtesy for y copy of ex parte application papers ?

    The Pomona Court does not accept ex parte application papers in advance for civil unlimited case. The Defendant's attorney requested my friend during the telephone conversation to sent him a courtesy copy while she was serving by phone. I wil...

    John’s Answer

    While you have to serve the papers on the other side before the ex parte hearing, this can be done on the morning of the hearing, before court, as you propose. You or your friend can serve the papers on the other attorney in person at the courthouse. Having said that, if the papers are ready, then it's a good idea to fax or e-mail a "courtesy copy" to the other side the day (or night) before the hearing, but it's not required. Doing so will prevent the other attorney from saying, "Your Honor, I did not have enough time or opportunity to prepare an opposition. Can we please continue the hearing or set a briefing schedule?" Depending on the complexity of the issue, the Judge may grant such a request. If it's a fairly simple, straightforward issue, and the other side pretty much knew what you were going to ask for and argue without reading the papers, you may want to point that out to the Judge. Good luck.

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  • Just got served with a complaint for Subrogation Recovery. What can I do? Do I need an attorney? would that be cost efficient?

    I was involved in a auto accident in November of 2014 in Los Angeles county. A Camry hit the right rear side of my vehicle. My car only suffered a couple of scratches. The other vehicle's bumper almost fell off. I was and am Insured. The other dri...

    John’s Answer

    Turn it over immediately to your insurance, without delay. They will assign you counsel. Then cooperate fully with your insurance and attorney.

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  • What is the civil procedure for California when it comes to affidavits?

    I have witnessed that are willing to provide written testimonies against the adverse party. Is there a certain mandatory form that needs to be used or can it be simply done on pleading paper?

    John’s Answer

    It can be done on pleading paper. However, it has to have the proper language to make it effectively a declaration under oath. Generally, the language is, "I, [NAME OF WITNESS], declare:" then the statement (usually in numbered paragraphs), followed with the last paragraph that says, "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [DATE] in [CITY], California." Below that, have the witness sign and print his/her name. The declaration (or affidavit) should have all facts that are pertinent: who the witness is, what he/she saw or observed, and any basis for the facts in the declaration.

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