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John Joseph O'Brien

John O'Brien’s Answers

210 total


  • How do i find a pro bono lawyer to take a case of a friend who was found guilty of murder but is innocent?

    The dna was never discussed during trial

    John’s Answer

    You can also try the innocence project. http://www.innocenceproject.org

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  • How do I answer a Case management Statement CM-110 we've been served by an Attorney's Office

    Plaintiff states she was injured during an event where we allowed our adult daughter and some of her other adult friends to borrow our ATV's for there use .

    John’s Answer

    Nothing in the statement is binding or determinative in the case - the point is simply to apprise the court of what the case is about and allow it to schedule dates. I would add that there's also a meet and confer requirement before the CMC.

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  • Got a check from Rust Consulting LLC, Is this just a scam?

    Received a check for $3000.00 from Rust Consulting LLC, apparently some kind of a payment as a result of independent Foreclosure Review with BAC. Is this just a scam?

    John’s Answer

    If you got $3K in the mail and you don't know why, it's probably a scam, a mistake, and/or not really a check.

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  • Need Contingent Lawyer/Firm For Business Torts, Fraud, Three (3) Real Estate Development Projects in 2011 interfered with.

    Need Help I have a complex case with multiple core issues involving three real estate development projects. Claim related issues are; 1) Business torts, defamation and slander, interference, Breach of contracts 2) Fraud in the induceme...

    John’s Answer

    I would just add that the statute of limitations is definitely not 4 years for every cause of action you list. As you say these events happened around 2011, you should hurry.

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  • Do I have any legal recourse in small claims or civil court?

    I had a husband and wife team ( soon to be separated) play me for a fool today. The wife dropped off their dog for a surgical procedure at our office. She signed everything but an estimate for the anticipated services. She used the husband's CareC...

    John’s Answer

    Phone authorizations or not, you seem to have an argument there was - at the very least - an implied contract. If you're within the monetary parameters of small claims, that's a good option.

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  • Default judgement on a breach of contract and statement of damages- required?

    I've found information on this site stating that statement of damages is not required unless it's a personal injury /wrongful death case. Is this true? assuming it's not (my case is a breach of contract), and it's required, is it a form or does it...

    John’s Answer

    Mr. Mann is correct. I would add that if you're pro per, then you don't have attorney fees. If you are represented, then you request the amount in your default judgment prove up package (this, of course, assumes you have a right to fees under the contract or statute).

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  • What facts must be present to constitute a valid "cause of action" in a civil suit to prevent ambiguous, uncertain claim?

    unlimited civil

    John’s Answer

    If you're referring to a challenge by special demurrer that the claim is uncertain, those are almost impossible to win. Most judges overrule them and direct the parties to clear up any ambiguities in discovery. As for pleading a cause of action, looking at the jury instructions for the particular claim is a great resource for what you need to plead (and eventually prove).

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  • How many days before the hearing date does the defendant have to oppose a motion to compel further responses? How many days

    before the hearing date does the plaintiff have to reply to the opposition?

    John’s Answer

    The opposition is due 9 court days prior to the hearing. The reply is 5 court days prior.

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  • LYING PROCESS SERVER - Los Angeles

    A process server blatantly lied about serving me a Notice to Quit in Van Nuys Superior Court. He couldn't even describe the property and was belligerent and uncouth. He claimed to be a registered process server. The Judge believed him. How in ...

    John’s Answer

    Regardless, you're probably better off just fighting the merits of the suit and preserving resources and reducing headaches. Even if you won that service battle, they could just have served you right there in court.

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  • How Much Time To File An Answer After Motion To Strike Is Denied?

    I filed a cross complaint. The other side put in a Motion To Strike, but did not demur or answer. The Motion To Strike was denied. In the minute order the judge didn't say anything about how long the other side had to file an answer. How lo...

    John’s Answer

    10 days. If no response by then, you could enter default, but don't expect it to be upheld if the party is already in the case. As fighting a motion to vacate is probably a waste of time and resources, just asking the party for their new response is likely the best course.

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