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Lloyd Stewart Mann
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Lloyd Mann’s Answers

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  • Under what grounds can one side object another side's substitution of attorney ?

    Are there any grounds where a judge would deny the substitution given good reason? If you could point me in the direction that would be great.

    Lloyd’s Answer

    If the other side is voluntarily agreeing to change attorneys, you would not have grounds to object as to the substitution itself. If there are reasons why the new attorney should not be involved in the case, i.e., he is not admitted to practice in California, or he has a conflict of interest, you could object on those grounds. Sometimes, an attorney on the other side will bring a motion to be allowed to withdraw as the attorney. In that case, a potential opposition to that motion would be that you are nearing a trial date, and if the motion is granted, and the other side's attorney withdraws, that could be grounds for the trial date to be delayed. In that case, the court might deny the other attorney's request to withdraw so that the trial date is not delayed. Generally, however, all parties are free to retain the attorney of their choice.

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  • Law school curiosity question. Can I mix causes of action against different parties in same complaint?

    No one I know seems to know this and I'm not able to find an answer, so I'm asking here. If I slip and fall in a market, and in another market eat some food that has ecoli in it and get sick, can I file one case against the slip and fall ...

    Lloyd’s Answer

    No. If you could that then what would stop you from including in one lawsuit, a breach of contract cause of action against your business partner in Los Angeles, and an assault and battery cause of action against someone in San Diego who beat you up? Do you see what I am saying? Good luck.

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  • When a case is dismissed by the court without prejudice; is it still enforceable?

    3/26/10 court directed prosecuiting attorney to prepare judgement against us. On 6/9 & 7/16/10 failure to file judgement. On 9/28 & 10/5/10 plaintiff submitted judgement and it was rejected both times. On 11/5/10 plaintiff submitted stipulation a...

    Lloyd’s Answer

    • Selected as best answer

    Very often, the parties will settle a lawsuit and then the court will dismiss the action-either with or without prejudice-but only after retaining jurisdiction for purposes of enforcing the judgment. In this instance, based upon what you have described, the court probably did not retain jurisdiction to enforce the settlement agreement. However, if the "Stipulation" that was filed contained a provision permitting the Court to retain jurisdiction, it is possible that the Court would still enforce the settlement agreement even though it did not "specifically" retain jurisdiction when it dismissed the case even though the appellate court might have something to say about that in view of some recent cases on this issue. Alternatively, the plaintiff could bring a motion to set aside the dismissal, but if the action was dismissed back in 2011, he could have a tough time with that. The answer to your question, I am sorry to say, is that it could go either way. However, even if the court refuses to enforce the settlement agreement and require you to pay the final $11,600, since the case was dismissed without prejudice, the plaintiff could still file the lawsuit all over again (for the remaining amount allegedly due), unless he has a statute of limitation issue. I hope this helps. Good luck.

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  • What happens if a witness in a hearing who has health issues makes a "trip to hospital" and then won't be available to testify?

    An individual that was called/subpoenad to testify for a divorce custody hearing in regards to the finances, is adamant in not wanting to appear in court, but wants to drag the litigation to burden me with fees. However, his reluctance to testify ...

    Lloyd’s Answer

    If you are a party to this litigation, and you need this witness' testimony for your case, then if he does not appear in response to a subpoena, you will need to ask the court to continue the trial, or keep the case open, until this witness has testified. Since this is a family law matter, and not, therefore a jury trial, the court can always keep the trial open until the witness has completed his testimony. It is very important, however, that you have proof that you subpoenaed the witness. If the witness was not properly subpoenaed, the court may not agree to continue or hold the trial open. I hope this helps. Good luck.

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  • Can this be explained easily: These proceedings are not consolidated; they are being considered together?

    I had two appeals pending. The other side wanted to consolidate them. The appeals court said they would consider them together but denied consolidating them. They then said the first one was not final so they dismissed it. Should they allowed it t...

    Lloyd’s Answer

    I'm not sure if I understand your question. However, if the motion to consolidate was denied then each case would be decided separately. When the appeals court said that it would "consider them together" that probably meant that they would hear the two cases at the same time, but the denial of the consolidation motion meant that each could be decided without the other and the results could be different i.e. with one case being dismissed or denied and the other case with a different result such as a reversal. I hope I understood your question correctly.

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  • Confidential settlement agreement i have a confidential settlement agreement - the non-disclosure clause and liquidated damage

    clause was separately initialed by the parties the plaintiffs attorney placed details of the settlement on their website shortly after the signing where it remained for 45 days. the clause contains a damages provision of 20k for each breach of no...

    Lloyd’s Answer

    It is possible that you would have a cause of action, but a question I have is whether or not the parties were identified on the attorney website. Many times, attorneys will give the facts and results of a particular case they had, on their website, but they will not provide the names of the parties. Is this the situation with your case? If so, you may have difficulty proving that the confidentiality provision was breached, but anyone looking at this would want to have more facts. You also have a "practical" issue here. There is a legal answer and a practical answer for every issue. Even though $20,000 is a lot of money, it may not be enough to retain an attorney even if the settlement agreement also contains an attorney fee provision. I hope this is helpful for you. Good luck.

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  • After failing to appear as a plaintiff and judge subsequently ruling in favor of defendant, can I sue defendant again?

    Judgement to vacate was DENIED. Case summary online says "disposed by judgement." What I am trying to determine is if "disposed by judgement" = finality....or if it could possibly be a ruling WITHOUT PREJUDICE....thus allowing me the opportunity t...

    Lloyd’s Answer

    Without knowing all of the facts, it looks to me like you have correctly answered your own question which is that a judgment ends this matter unless the judgment can either be set aside by the trial court (looks like you have already tried this with your motion to vacate) or reversed on appeal. The issue here is really why you did not appear at trial. If, for some reason, the Judge was in error to proceed without you (i.e. you did not have notice of the trial, or some other very compelling reason) it is unlikely your result would be different at trial. Again, the issue here is why you did not appear, and what your remedy is. Filing a new lawsuit for the same reasons against the same defendant would not likely be your remedy. I hope this helps. good luck.

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  • How to file a motion to ask leave of the court to amend my first amended complaint.

    Once I prepare my motion to ask for leave of the court--what is next? Do I file it with the court and send the opposing party a copy? How will it be decided-will there be a court date scheduled. And if so, will the opposing party be there to pres...

    Lloyd’s Answer

    Even before you finish the motion, the best practice is to call the department in which your case is pending and ask the clerk if you need to reserve a date. Some courts even use the reservation system on the Los Angeles Superior court website. The reason you want to call now, even before you finish the motion, is that some courts require you to reserve a date, and in some of those courts, the motion date may not be for a couple of months away. Other courts will allow you to simply select your own date. When you file the motion, you also will serve your opposition. You can serve your opposition by regular mail or overnight/federal express. You cannot serve via email or fax unless you have a written agreement with your opposition that pleadings may be served that way. Your opposition will have the opportunity to file a written opposition 9 court days prior to the hearing date, and then you can file a written reply. Then, you show up at the hearing. The Court will have read the motion and opposition prior to the hearing date, and often has a written tentative ruling in advance of the hearing. Once the hearing takes place, the court will either issue a ruling, at that time, or you will get notice of the ruling in the mail at some point after the hearing. I hope that helps you. Good luck.

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  • What happens if opposing council ignores Judges order?

    At trial, our Judge stated that both parties write a closing brief limited to 20 pages. Opposing council submitted a brief that is 10 pages longer, wrote proposal that took several additional pages, and attached documents on top of that. They ac...

    Lloyd’s Answer

    The court has numerous powers associated with orders that it makes. It can even hold lawyers and parties in contempt for disobeying court orders. The Court can also refuse to consider briefs, or other documents, which are in violation of court orders or rules and regulations. Generally, however, courts strongly wish to decide cases on their merits rather than on technicalities. Other counsel are right that you could briefly mention the issue (perhaps in the first footnote to your brief). Or, you could mention that it was difficult for you to stay within the page limits set by the court because the opposing counsel wrote such a long brief, and you wish to respond to all of his arguments, but since he was so long it was difficult for you to stay within the limitation (which you will do). At the end of the day, however, the best advise is for you to argue the merits of your case because that is likely what will determine who the court ultimately rules. Good luck.

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  • What is the best way to get funds from a promissory note that defaulted?

    How will I go about enforcing the promissory note and getting some of the funds back. The amount was for 11,000. I have called and sent emails but I do not have a current address. Thank You in advance

    Lloyd’s Answer

    If the borrower will not pay you back, and you do not want to drop the matter, you will have to file a lawsuit. However, retaining a lawyer for an $11,000 matter may not be practical. Even if the note has an attorney fee provision that will enable you to recover your attorney fees, you may wind up spending more in attorney fees than you ever collect. You do have another option.
    If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case. (For businesses, you can file in small claims court for $5,000 or less). Even though your claim is for $11,000, you could simply sue for $10,000, and waive the right to a judgment in excess of $10,000. In small claims court, you represent yourself-if you are an individual. I wish you the best.

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