George Leo Hampton IV’s Answers

George Leo Hampton IV

Corona Del Mar Litigation Lawyer.

Contributor Level 6
  1. Is it possible to challenge the terms of a deposition?

    Answered almost 5 years ago.

    1. George Leo Hampton IV
    2. Pamela Koslyn
    3. Adina T Stern
    3 lawyer answers

    The three day rule for a party to object to a deposition notice generally does not apply to a non-party witness served with a deposition subpoena. CCP section 1987.1 provides that a witness may file a motion to quash or modify a subpoena or seek the entry of a protective order. Alternatively, a witness may simply wait until the deposition and raise objections at that time to the form or content of the subpoena, or to demands for production of privileged documents, etc. See Monarch Heathcare...

    3 people marked this answer as helpful

  2. Is this still forgery?

    Answered almost 5 years ago.

    1. George Leo Hampton IV
    2. Robert Lee Marshall
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    Whether your daughter will be allowed to sign a document on your behalf depends on the nature on the document. In California "forgery" is a crime where one person signs someone else's name without authorization or recreates someone's signature without their prior approval. Because you have given your daughter your approval to sign your name her doing so is likely not "forgery." Whether your daughter's signature for you is legally binding is a different question. Disclaimer: Please note...

    1 person marked this answer as helpful

  3. Can commercial landlord charge tenants for legal fees because they lost against tenants?

    Answered almost 5 years ago.

    1. John M. Kaman
    2. John Robert Mittelman
    3. George Leo Hampton IV
    3 lawyer answers

    The answer to your question depends on your lease. Most leases contain a provision dealing with how attorney's fees are to be awarded in the event of a lawsuit. Although typically only the prevailing party may recover attorney's fees, the language used in your lease may change this. Additionally, which party is the "prevailing" party for the purpose of awarding attorney's fees depends on the nature of the lawsuit and is often the subject of dispute when the issue of attorney's fees is...

    1 person marked this answer as helpful

  4. What is the civil code which states that a reply to a summons must be personally received by other party within 30 days?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Robin Mashal
    3. George Leo Hampton IV
    3 lawyer answers

    There is no requirement that an answer filed by a defendant be received by a plaintiff within 30 days. The only requirement is that it be filed with the court 30 days after service of the summons and complaint. The time period for responding may also depend on how the summons and complaint were served, where the person served resides and the type of action. Courts generally prefer to decide cases on the merits rather than on technicalities. You should consult with a lawyer to discuss the...

    1 person marked this answer as helpful

  5. I need more time to answer interrogatories in U.S Distrinct Court, do I file with the Court requesting an extension of time?

    Answered about 3 years ago.

    1. Pamela Koslyn
    2. George Leo Hampton IV
    3. Charles Joseph Michael Candiano
    4. Richard James Grossman
    5. Robert J. Kasieta
    5 lawyer answers

    Your natural intuition is correct. As long as there are no impending court deadlines like a trial date or the last day on which to file motions, parties in litigation routinely request and obtain extensions of time in which to respond to discovery. If your opponent agrees, make sure the extension is documented between you and the opposing attorney in a letter or e-mail to avoid any confusion. If your opponent will not agree you can file a motion for a protective order pursuant to Rule 26 of...

  6. Is there an attorney who will take this case on a contingency basis?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. George Leo Hampton IV
    3. Jonathan H Levy
    3 lawyer answers

    A contingency fee is generally defined as a fee that is payable only if the outcome is successful. In other words, the lawyer will only be paid if you recover damages from your employer. Because it is unclear whether you may have a claim against your employer, it is difficult to evaluate whether a contingency fee arrangement would be acceptable. Unfortunately, in the absence of a possible claim against your employer a contingency fee is not a realistic option. . Disclaimer: Please note...

  7. How do I know if my lawyer deposited the advanced payment to client's trust account or not?

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. George Leo Hampton IV
    2 lawyer answers

    Your ability to obtain a refund of the "fees" you paid in advance depends on your written fee agreement and the purpose for which the fees were paid. If the fee agreement provides that any retainer is earned upon receipt your ability to obtain a refund may be more difficult than if you paid fees in advance for work to be done in the future. If the retainer was earned upon receipt, the funds were probably deposited in your attorney's operating account. If the fees were paid as an advance...

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