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Alison Swicker Gokal

Alison Gokal’s Answers

156 total


  • How do I obtain a transcript from a small claims trial?

    Are transcripts even available in small claims hearings?

    Alison’s Answer

    it depends on the court. Was there a court reporter present during the hearing? if so, you will need to contact that court report to request a transcript. The courtroom clerk should be able to provide you the reporter's email or number.

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  • I have question on stay this it by judge The order granting defendants motion to dismiss pursuant f.r.c.p. 12b docket #28 On

    Last pager if. conclusion For all the foregoing reason defendants motion is granted plaintiff first amended complaint is dismissed without leave to amend and this action is dismissed with prejudice What that mean plaintiff don't have to file M...

    Alison’s Answer

    I am having difficulty fully understanding your question. What I can say is that if the court granted a Defendant's motion and the Plaintiff's complaint is dismissed without leave to amend, then the Plaintiff is out of luck as the case is dismissed and the Plaintiff cannot bring the case again.

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  • What is the Statute of Limitation for auto accident in California?

    My car came in contact with parked car due to my fault. There were no visible damage on either car. It was 13 months ago and the owner did not communicate with me even though we exchanged info. I have since sold my car and lost the cell-phone on w...

    Alison’s Answer

    2 years.

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  • Def. vacated default based on false declaration. what points &authority must I use to get default reinstated?

    sued several parities for breach of contract, etc in regards to product I created &developed. This party failed to file an answer. So, 3/21/12 I filed for default, and 4/5/12 he showed up at a case management conf. saying that he did not get the ...

    Alison’s Answer

    I agree with Mr. Doland. Although the other side is/may be lying, the court usually does everything it can to avoid a he said, she said debate. Instead, they let the issues be heard instead of enabling finger pointing. I suggest you hire an attorney.

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  • Hey i have just got back from amsterdam and while i was there i got electrocuted by a live wire hanging over my door can i sue ?

    the hotel was in amsterdam , i have pics of the wire , the hotel staff made the wire live wen he can to show me to my door , the wire was there because someone pulled the main light down so i couldent see up there too , there was no one around wen...

    Alison’s Answer

    You would have to contact an attorney in the Netherlands in order to see if you can pursue a case. You can't bring the case in the US since the courts wouldn't have jurisdiction over the hotel.

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  • Anyone have experience appealing verdicts because of inadequate damages in personal injury cases?

    Are inadequate damage appeals very difficult to obtain? I was severly injured and won the case but the jury awarded me very little. Any advice or experience from anyone on here regarding appealing inadequate damages would be very helpful.

    Alison’s Answer

    Appeals are very tricky as the grounds depend on so many things that occurred during the trial. If you had an attorney during the trial, I strongly suggest you speak with him or her about this issue. If not, I suggest you contact an appellate attorney. AVVO is a great forum for simple questions. Yours is too complex. I am sorry.

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  • Today is the deadline to file an answer to the complaint. can i the defendant file the answer at the courthouse personally?

    the plaintiff's attorney is too far to drive to. can the answer be mailed to him? today is the deadline.

    Alison’s Answer

    Yes, you need to file the answer at the court house. You can mail the answer to the Plaintiff's attorney, but make sure it goes out in the mail today and have a proof of service along with it.

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  • Do I need to file a response? Settlement already made in Civil Case.

    I was served with a civil case and I still have about 5 days to file a response to the complaint. The plaintiff's lawyer is filing a Notice of partial settlement tomorrow. I went down to the court to file a general denial today and found out it ...

    Alison’s Answer

    It would be best to file a response, and seek a waiver of the filing fee. This document would be available in the court's office. The reason a response is best is because it is a "partial settlement." Why can't it be a full settlement. You could also try to have the Plaintiff's attorney sign an agreement that the Plaintiff agrees to not seek a default judgment against you without providing you at least 30 days to file an answer. The problem with this is that the court could get annoyed and order a default to go forward, by way of sanctioning the Plaintiff if he/she doesn't move forward with a default.

    Will the Plaintiff's attorney dismiss the case without prejudice and enter into a contract to resolve the full case?

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