Daniel Adam Kaplan’s Answers

Daniel Adam Kaplan

San Diego Litigation Lawyer.

Contributor Level 4
  1. Questions via interrogatories Vs Discovery

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Juo
    3. Slavik Steve Leydiker
    4. Daniel Adam Kaplan
    5. Kevin Samuel Sullivan
    5 lawyer answers

    There are two types of interrogatories. One type is called form interrogatories. You can locate the form at the Superior court website: http://www.courts.ca.gov/forms.htm Form interrogatories are simple to use because you check boxes and then the opposing party is required to respond to the questions you have checked. Form interrogatories are very good for finding out about damages, witnesses, investigations and contentions about contracts. They are also useful because the answering party...

    6 lawyers agreed with this answer

  2. What recourse do I have against my bonded bookeeper who made mistakes in past income taxes

    Answered over 2 years ago.

    1. Curtis Lamar Harrington Jr
    2. Henry Daniel Lively
    3. Daniel Adam Kaplan
    3 lawyer answers

    If you are unable to obtain relief by filing amended tax returns, you may be able to make a claim against your accountant for negligence. A negligence claim typically is covered by an accountant's professional liability policy. You have a duty to try to reduce your damages, which is why you have been given good advice to also seek the assistance of a tax attorney to first try to correct the returns you still can. With respect to the fees, generally the fees you paid are not recoverable...

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  3. The plaintiff have more options after verdict ?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Daniel Adam Kaplan
    3. Michael S. Haber
    3 lawyer answers

    Your question is very vague, but your issue clearly requires consultation with an attorney. In most instances you can file several different types of motions after a verdict has been rendered, but the time frames are short. If the judgment becomes final, you can appeal. If this was a small claims case, you may have the right to appeal the decision. You should contact an attorney right away to discuss your options, and the sooner the better for you. Good luck.

    2 lawyers agreed with this answer

  4. Civil Discovery Question

    Answered almost 2 years ago.

    1. Robert Bruce Kopelson
    2. Daniel Adam Kaplan
    3. Marc Sean Hurd
    4. Michael T Millar
    4 lawyer answers

    Once you have a judgment against a defendant, you have some powerful tools to take discovery to enforce your judgment. You may conduct a judgment debtor's exam, and require the judgment debtor to bring documents to the exam, such as bank records. You specifically asked about a subpoena. The judgment debtor can also examine third parties who possess or control property in which the judgment debtor has an interest, which would include a bank. You can serve a subpoena on the bank with the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. How can the client enforce the contract with a Lawyer who chooses not to perform?

    Answered over 2 years ago.

    1. Nicholas Basil Spirtos
    2. Daniel Adam Kaplan
    2 lawyer answers

    Practically, there is little you can do to enforce the agreement unless the circumstances exist that will make it harmful to you if your attorney attorney were allowed to withdraw from the case. One example would be if trial were ready to start very soon. To expand upon the previous answer, from a practical standpoint, you will need to hire a new attorney to continue the case against the HOA. In the meantime, tell your withdrawing attorney that you want your entire file. You do not need to...

    1 lawyer agreed with this answer

  6. Legal Malpractice - Under CCP 340.6 if one or more of the 4 tolling mechanisms exist when does the statute begin to run?

    Answered almost 2 years ago.

    1. Sean Michael Patrick
    2. Michael Raymond Daymude
    3. Daniel Adam Kaplan
    3 lawyer answers

    Useful answers to these questions really depend on the facts of your case. However, if you know that it has been four years since the alleged legal malpractice, contact an attorney to discuss your case. The statute will not be tolled while a concurrent lawsuit is pending if injury has occurred. A typical solution is to enter into an agreement to toll the statute of limitation with the potential defendant, so you can continue on with the concurrent lawsuit and see how it plays out. Also,...

    1 person marked this answer as helpful

  7. Motion to compel further responses in CA

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Paul Y. Lee
    3. Elizabeth Smith-Chavez
    4. Hosep J Yepremian
    5. Daniel Adam Kaplan
    5 lawyer answers

    There is some great advice already given here. Keep in mind that the court is very busy dealing with discovery motions like yours. Unless the opposing side has not made any answers at all (in which case you do not have to meet and confer) pick and choose just the interrogatories that you must have answered for your case.

  8. Can I sue someone for not paying me my half in the business?

    Answered over 2 years ago.

    1. Robert John Murillo
    2. Taleed Rashad El-Sabawi
    3. Andrew Kevin Jacobson
    4. Daniel Kenneth Printz
    5. Daniel Adam Kaplan
    5 lawyer answers

    In addition to seeing an attorney to determine whether you are able to recover your money as a partner in the business, you should consider seeing an employment attorney. It may be the doctor will claim that you were his employee. If you were an employee, and he didn't pay you, you may be entitled to back pay, as well as certain penalties that may be imposed on the doctor who employed you.

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