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Paul Y. Lee

Paul Lee’s Answers

1,628 total


  • Can defendant file for accounting in counterclaim when I already filed for it in complaint?

    Im a pro per who filed a complaint against my former partner (business) because he ripped me off. I included a cause of action for accounting. He filed a counterclaim for also for accounting and other stuff. I want to do a motion to dismiss som...

    Paul’s Answer

    I agree with Mr. Chen. Yes, you can allege the same cause of action in the cross-complaint. No, that is not a basis for the dismissal of the cause of action. I also agree with Mr. Doland that you should seriously consider obtaining legal counsel.

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  • I am looking for an attorney in Pomona, CA

    I am looking for an attorney in Pomona to file an application for me to remove me from Vexatious Litigant Status filed against me in 2010. I have already prepared the forms. I want the attorney to review it, make necessary changes and represent me...

    Paul’s Answer

    Contact the Los Angles County Bar Association's Lawyer Referral and Information Service, (213) 243-1525, http://www.lacba.org/showpage.cfm?pageid=167.

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  • In discovery phase of civil litigation, when you are asked to produce documents, can you mail them in place of a formal meeting

    I have a request from the defendant in a pending litigation for the production of documents. I do see where the code of civil procedure section 2031.210 requires me to file a written response. However, it does not specify whether to or not that I ...

    Paul’s Answer

    Code of Civil Procedure section 2031.030, subdivisions (c)(2) and (c)(3), specifies that the party demanding inspection or production of documents shall set forth the time and place of the inspection. Hence, the demand for production usually specifies the date, time and place of production, usually at the propounding attorney's office. However, as noted in the previous responses, the custom and practice in almost every case is for the responding party to simply include photocopies of documents along with verified written responses, and serve them by mail. However, if the documents are voluminous, or if the production includes an object or thing that is hard to copy, it may make more sense to make the items available for inspection at the specified location.

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  • Dry cleaner lost and stained a shirt

    My wife took 4 of my shirts into the dry cleaners which we received 2 back without an issue but 1 of the shifts is missing and the other now has a stain on , which I had only worn that shift once and it was not stained when dropped off. They tried...

    Paul’s Answer

    If you can't resolve this without legal intervention, you can file a small claims lawsuit. The following may be useful links:

    http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal

    http://litigation.findlaw.com/going-to-court/washington-small-claims-courts.html

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  • What do I do with my two court stamped copies that I kept after filing the originals? What happens now?

    I had a server (not me) mail copies (General Denial, Request for Dismissal, and POS) that were not yet court stamped to the Plaintiff. I am the Defendent in a limited collections case in Los Angeles. Do I also need to mail the STAMPED copies to ...

    Paul’s Answer

    • Selected as best answer

    As a general rule, you do not need to serve a conformed copy if you have already served an unconfirmed copy. It is hard to answer the remainder of your question without knowing more about your case. At what stage is the litigation in? What was the purposes of filing general denial (I assume you mean an Answer) and request for dismissal at the same time or within short time of each other? Usually an Answer is filed at the beginning of the litigation as a response to the complaint. A request for dismissal is usually not filed until the end of settlement or resolution. As for a request for dismissal, the opposing party probably will want a conformed copy (i.e., this is an exception to the normal rule that you don't need to serve a conformed copy if you have already served a unconfirmed copy). If you have filed a request for dismissal, the clerk will enter the dismissal and the case will be over.

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  • What happens if the defendant will not appear in case management conference in civil case

    i was sued for fraud in the amount of 113,000.00

    Paul’s Answer

    There is a very good chance the judge will impose sanctions or schedule an OSC (order to show cause) why sanction should not be imposed for failure to appear. If the absent party is lucky and the court is in a lenient mood, it is possible the court will do nothing.

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  • Can I a file against a judge's ruling in unlawful detainer court? (san bernardino)

    my landlord is being unreasonable and has straight out lied about certain facts to get rid of me from his apt. complex-okay, I get to court today, and I felt nervous up there before the judge and my landlord's atty. I paid a company to fill out a...

    Paul’s Answer

    It sounds like the judge has issued a ruling already. There isn't a whole lot you can do at this point. Theoritically you could file a motion for reconsideration, but it is highly unlikely you will be successful. Such motion can be successful only if there is new law or evidence that could not have been presented at the time of the hearing. From your post, your situation does not present facts which will support a successful motion for reconsideration.

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  • Can I sue if I fell and broke my ankle on my apartment stair way

    The conditions were icy, I did not complain about the ice previously, I did not complained about the ice because when I reported other issues several times they did not resolve them. They are saying that there was not gross negligence so I can n...

    Paul’s Answer

    Consult with a personal injury or premises liability lawyer who provides free initial consultation. In addition, many attorneys accept cases on a contingency fee basis, meaning there is no fee until there is a recovery. If the opposing side's insurance company is taking a hard line you may have a difficult time making progress without assistance of counsel.

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  • Is the Civil Discovery Act still law in Calif?

    Has the Civil Discovery Act been repealed or is still law?

    Paul’s Answer

    The Civil Discovery Act still good law. It is codified as various sections of Code of Civil Procedure. Portions of it has been modified or amended over the years.

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  • What remedy can you seek for unauthorized dissemination of personal tax returns in civil litigation in federal court?

    While previewing discovery provided by defendant, my joint personal tax returns are included among the files. Neither my spouse or myself have given permission to anyone to disseminate these returns What are our options/remedy for thi...

    Paul’s Answer

    There are ambiguities in your post. How did the opposing side end up with the tax returns? If they were voluntarily produced, or produced in response to subpoena, or produced in response to discovery or proper exchange of documents between litigants, it would appear that there was no improper dissemination. The fact that the tax returns have ended up in the opposing attorney's file does not mean that he or she is sharing that information with other attorneys in the firm. If there is evidence that there is improper sharing of information, such conduct would be improper and unethical. Also, if the tax documents were improperly obtained by the other side, that would be a source of concern. If you are represented by counsel, discuss your concerns with your attorney.

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