Lloyd Stewart Mann’s Answers

Lloyd Stewart Mann

Sherman Oaks Lawsuit / Dispute Attorney.

Contributor Level 13
  1. Does an answer to a complaint have to be stamped by the Court before serving it on the opposing side by mail?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Michael Raymond Daymude
    3. John Joseph O'Brien
    3 lawyer answers

    No. You can mail out the answer to the opposing side on the same day you file the complaint, or leave it with the clerk for later filing. The answer does not have to contain a file stamp before serving it. Hope that helps.

    17 lawyers agreed with this answer

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  2. If an outside counsel responds to a pre-litigation demand letter, can I safely serve him with the process?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Paul Y. Lee
    3. Eric Burton Strongin
    4. Robert M Lorey
    5. Michael Lee Weimorts
    5 lawyer answers

    No. The fact that the potential defendant has retained an attorney does not give you the right to serve the attorney for the defendant. However, you can ask him/her to seek authority from his client to accept service. Attorneys will do that on a relatively regular basis. If the attorney agrees to do that you would then send him the complaint with a notice of acknowledgment form, and once he signs that and sends it back to you, the defendant has been served. However, if he does not agree to...

    16 lawyers agreed with this answer

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  3. What is the difference between trial conference and mediation?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Michael Charles Doland
    3. Matthew Thomas Poelstra
    4. Robert Bruce Kopelson
    4 lawyer answers

    Your lawyer may have said that there is a trial setting conference. At that conference, the court will likely schedule a trial date. A mediation is a session where the parties attempt to settle the case. The parties must be present at a mediation so that they can work together with the mediator, and their attorneys, to see if the dispute can be resolved, or if differences can be narrowed.

    12 lawyers agreed with this answer

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  4. Civil procedure - what does it mean that a special interrogatory is duplicative?

    Answered 11 months ago.

    1. Lloyd Stewart Mann
    2. Michael Charles Doland
    3. Alan James Brinkmeier
    4. Joseph Caleb Markowitz
    5. Michael T Warshaw
    5 lawyer answers

    It would not normally be considered to be "duplicative" such that a responding party could assert a valid objection of "asked and answered" if you propound a special interrogatory that is similar to a question asked at a deposition. Very often, when answers given at a deposition differ from a response to a written interrogatory, the different responses can be used to impeach the witness and attack his credibility. I hope that helps. Good luck.

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  5. What happens if plaintiff doesn't respond to mediator?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Paul Y. Lee
    3. Josh P Tolin
    4. Christine Marie Watkins-Miller
    4 lawyer answers

    The Court may elect to enter monetary sanctions against the plaintiff. Some courts do not even do that. Recent case law is very strong in concluding that a court does not have the authority to dismiss a case because of the plaintiff's failure to participate in a mediation. Nevertheless, you should document in writing your efforts to arrange the mediation. Regardless of how aggressive the judge is in enforcing mediation orders, you can never be hurt by making it clear that you were very...

    10 lawyers agreed with this answer

  6. Can a medical malpractice case be reopened that was dismissed by the plantiff without prejudice?

    Answered about 1 year ago.

    1. Lloyd Stewart Mann
    2. Peter A. Zamoyski
    3. Robert Bruce Kopelson
    4. Jeffrey Ira Schwimmer
    5. Brandy Ann Peeples
    5 lawyer answers

    It depends what you mean by "reopened". In the event that a case was dismissed "without prejudice", it may be re-filed at anytime. You simply file a new complaint. However, the statute of limitations (the time you have within which to bring a lawsuit) would be governed by the filing date of the 2nd complaint, not the first. Therefore, if there were a two year statute of limitations that was applicable to the case, whether or not you filed within that period of time would be based upon the date...

    9 lawyers agreed with this answer

  7. Is it safe to mail my answer and proof of service to the California superior Court?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Sean Michael Foldenauer
    3. Robert Harlan Stempler
    4. Catherine Elizabeth Bennett
    4 lawyer answers

    You can mail your answer with a letter to the clerk of the court, together with the appropriate filing fee. The letter should ask the clerk to file the answer and return a conformed face page (you should include an extra first page of the answer) to you. You should also enclose a self-addressed stamped envelop. Finally, most courts have websites where you can access the docket showing all pleadings which have been filed in the court. Make sure to check on that website to confirm that you...

    9 lawyers agreed with this answer

  8. Is there a time limit for a defendant to file a demurrer? Can a Demurrer be filed after litigation has started?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. John Ksajikian
    3. Charles Adam Shultz
    4. Matthew C Simon
    5. William Nicholas Blasser
    5 lawyer answers

    A demurrer must be filed within the time that a response to a complaint or amended complaint is due. A judgment on the pleadings can be filed at anytime before trial, and that is similar to a demmurer.

    8 lawyers agreed with this answer

  9. I am the defendant in civil lawsuit. We are both pro per. I served plaintiff with various discovery requests but to no avail.

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. James Carl Eschen III
    2 lawyer answers

    You would want to make sure that the Court is aware of the fact that you did not receive a copy of the opposition. As a result of your failure to receive a copy of the opposition, you have been deprived of your right to reply. My suggestion is that you may wish to file a written objection in which you object to the opposition based upon the above. (Also, was the opposition filed nine court days prior to the hearing? If not, the objection should include the fact that you object to the court...

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  10. Can I send subpoena to declarant of C.C.P 98 instead of asking Sheriff to serve?

    Answered over 1 year ago.

    1. Lloyd Stewart Mann
    2. Robert Harlan Stempler
    3. Michael Avanesian
    3 lawyer answers

    You cannot subpoena someone using the USPS. However, CCP 98 is clear that the written statement can only be admitted as evidence if "A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial." If the affiant does...

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