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Robert Harlan Stempler

Robert Stempler’s Answers

3,921 total


  • How can I get attorney fees per written contract for the cost of defending a motion to set aside a judgment?

    I obtained a judgment which included costs and attorney fees. The defendant made a motion to set aside the judgment which was denied. How do I get attorney fees for defending the motion to set aside the judgment

    Robert’s Answer

    The defendant's motion for attorney's fees, pursuant to Civil Code 1717, must be filed with the Memorandum of Costs, which is due within 15 days of the Notice of entry of judgment or within 180 days of entry of judgment, whichever is first. See Russell v. Trans Pacific Group (1993) 19 Cal.App.4th 1717, 1723-1724 [24 Cal.Rptr.2d 274]. The time may be no more than 90 days of entry of judgment for a Limited Civil Case. See Cal. Rules of Court 8.822(a).

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  • My Home insurance company sent a contractor to repair dishwasher but he damaged it more.

    I took the video of the technician trying to repair the dishwasher and its evident from video that he was unskilled and had no knowledge of that kind of dishwasher and damaged the Dishwasher .He also said its unsafe to use and he unplugged it bef...

    Robert’s Answer

    • Selected as best answer

    I agree with Attorney Straus and I often advise against these types of contracts, as they never payoff, even if a large item goes bad. For example, let's say the charge is $40 per month with a $50 deductible and let's say that the consumer does not need it for two years, then that is almost $1000 in premiums and the $50 deductible to have the repair person fix a minor break to the dishwasher, to use the current example. According to Consumer Reports, you can get some of the best quality new dishwashers for under $1000, which will also save electricity and water usage, with high performance. By comparison, the person who paid two years under the contract still has the old dishwasher that costs more every month in water and electricity use, and does not give the same good results as a top rated washer. If you want to cancel this contract, call the warranty company and follow up by U.S. Certified Mail with a letter that has the contract number, your name and address, and simply state: "I cancel this contract, you are no longer authorized to charge my credit card." Sign and date it and keep a photocopy of it, then verify no more charges on your credit card. However, if you still wish to enforce the contract, they should send another repair person and you should permit it, as these are supposedly licensed technicians.

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  • Defendant's lawyer added to judgement he was tasked with writing by awarding costs to one of the defendants.

    It was left up to the defendants lawyer to fill out and file the judgement paperwork after I won a lawsuit. The lawyer took the liberty of awarding 'costs' to the defendant who was not found guilty even though the judge said nothing about it at t...

    Robert’s Answer

    The prevailing party should be the one to prepare a judgment, not the losing party, even if they volunteer and have a lawyer. This is what happens when people are not aware of how courts work, parties can get sneaky. You can file a motion to strike the memorandum or tax costs, but you have only 15 days to do that, so don't delay and get a lawyer for your case if you are not sure what to do.

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  • How long can a landlord collect on a Unlawful Detainer judgement in California?

    I had a UD judgment for 10 k 5 years ago. I heard it was 7 or 10 years. Can a landlord collect forever? How long does a landlord have to levy your bank account?

    Robert’s Answer

    A judgment can be collected until it expires, due to non-renewal, unless the creditor acknowledges it was satisfied in full or the debtor discharges it in bankruptcy.

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  • During a litigation, can plaintiff post his complaint and supporting evidence online for public information?

    This is a general question, don't need further details

    Robert’s Answer

    Yes, but if you post false information and the purpose of your posting is to embarrass someone, you may find that the posting may land you a lawsuit for defamation, including actual and punitive damages. Thus, not only will you have a big fight by the defendant in the main case, but you will be a defendant in another case or against a cross complaint for big bucks. I suggest you focus on prevailing in your case, before you publicize it, as a complaint contains only allegations, until proven in court. Even evidence in a case does not mean that one side or the other side prevails, until the case is decided by a judge or jury. I suggest that you consult a lawyer for your case, perhaps you will see things in a different light.

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  • Can I take the co-signer off the car loan?

    I am the primary owner and I drive the car. I am licensed and insured. The co-signer is not and takes the car without telling me because he says it's his car. How can I get him off of ALL paperwork and loan for car?

    Robert’s Answer

    I would report the unlicensed driving to the appropriate agency, such as CHP, police, or county sheriff, as there is no way to get someone who is on title off the title, unless they consent in writing. You would also need the written consent (known as a novation) of the lender to have a co-borrower taken off the loan, unless you refinance or payoff the loan.

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  • I was in jail at the time papers were served to my home.i was still in jail during the court date of the default judgement

    this is regarding a credit card debt that i refused to pay.i went out of town. loaned my car to a friends mom.unaware my credit card was under the seat.she went on a spending spree over a grand in less than a week.all unauthorized by me.b of a cou...

    Robert’s Answer

    Service must be personal or there is substitute at the defendant's home or place of business. If you were incarcerated, unless it was for a very short time, then you could not be served at any address other than where you were incarcerated. Be sure to keep those records and use them to show that you were not given valid service of the summons and complaint. That should be able to get the default judgment set aside, but you will still need to defend the lawsuit or a judgment will be entered at a later point in the case. Hire a debt collection DEFENSE attorney to ensure this is properly handled, as it is mighty hard to pay off a judgment in full. More information about your options to a default judgment at my blog posting below and I have many other blog posts at my blog about credit card lawsuits.

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  • After a motion is file how long can the court take to answer

    motion was file april 15

    Robert’s Answer

    Need to specify what court and if you are in Cal. Superior Court, if it is a special proceeding, such as civil, criminal, probate class action, unlawfult detainer, etc. Please do not post so much specifics that a party in your case would know you are posting about their case, as they can use the information against you. Consult an attorney if you are up against a lawyer.

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  • Plaintiff changing mid-stream from trail by jury to bench trial.

    Re: Federal Court. The plaintiff has filed the initial complaint specifying jury trial. Months later, with 40 days before the trial date, he changes his mind and wants a bench trial. Can the defendant block such a reversal of heart? And what would...

    Robert’s Answer

    If the claims in the case permit a jury trial, then either party may demand one at the beginning of the case and waive it later if they like. It's not a problem, but failure to demand trial at the beginning in U.S. District Court means that a party may have waived it, though there are ways to request one later, if it was a mistake. Consult an attorney who handles the type of case you have, so you don't lose valuable rights and miss strategy opportunities that experienced counsel would consider.

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  • When responding to a Civil Summons, can I attach evidence? For example, a receipt. In addition, if i file a cross complaint...

    If i file a cross complaint, am I suppose to attach evidence?

    Robert’s Answer

    Yes, but why would you do that? Evidence is not required and lawyers don't normally do it. There are limited exceptions, such as a complaint must include a copy of the written contract for breach of contract, if not fully stated in the allegations.

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