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Alison Swicker Gokal

Alison Gokal’s Answers

156 total


  • Mandatory initial disclosures in discovery phase?

    Are there any mandatory initial disclosures for discovery in an unlimited civil case?

    Alison’s Answer

    In state court, no. In Federal Court, yes.

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  • To avoid game playing in discovery (and generally), is federal or California a better venue?

    I have a case I want to file. I will be pro per/pro se. The case qualifies for federal court. I like the federal rule on notice pleading but my concern is with discovery. I have read cases and law review articles about discovery abuse and th...

    Alison’s Answer

    California, in general, has an open policy on discovery. California courts like to err on the side of disclosure. However, if your case qualifies for Federal court, it might mean that the defendant and their attorneys are not in California, meaning they would not have the same internal policy and may challenge discovery a bit more. Federal court has certain statutory requirements as to discovery, where certain discovery is required without any party action. However, Federal court has very different procedural requirements. I have had to fight to get discovery in both federal and state court. In my opinion, Federal streamlines some aspects of discovery, but may impose more barriers as to the breathe of discovery.

    While you will be pro per, I do recommend you looking to find an attorney. Litigation is not always as cut and dry as it should/could be.

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  • How do I make a claim against Hackensack Medical Center for the destruction and loss of my twelve day brain EEG performed 2007

    My twelve day videotaped study contained direct evidence of medical mal practice by Hackensack Medical which contained the fatal injury of another patient who wandered and fell in my room. She died that night. Everything was on my video tape. I...

    Alison’s Answer

    • Selected as best answer

    you would be able to sue them for your injury for their negligence. I.e. their injury to you for losing your medical record/video, which would be the cost/loss to you to conduct another 12 day brain study. Further, the issue is whether they had a duty to maintain your video for at least five years. You would need to consult with a local attorney.

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  • What kind of time would i be looking at if i kill an illlagell immigrant

    just asking the local goverment officials dont seem to care and i am not working right now i would not be so mad if they were not till my next door neighbors.

    Alison’s Answer

    Death Penalty or at minimum Life without the possiblity of parol. Not only would you be looking at First Degree Murder, but also a hate crime under both state and federal law.

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  • What is a fair settlement amount?

    I broke my ankle at work.( displaced distal fibular fracture with disruption of the ankle mortise. I am classified as 10% permanent and stationary disability status. My work preclusions are as follows,1. able to stand and walk 20-30 minutes per ho...

    Alison’s Answer

    do you have a workers compensation attorney? The "settlement amount" is very complex in a workers compensation case when there requires future medical care. I am sorry, but it would be very difficult for anyone to speculate as to the value of your case without careful review of your medical records. I suggest you contact a local workers compensation attorney.

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  • Can I still take job offer with company that I current have mass joinder suit againsting it such as Wells Fargo?

    I am current having mas joinder suit agaisting Wells Fargo but when I submitd my resume online that one of staffing company submiting my resume to Wells Fargo for job Mortgage Underwriter?. I am part of Mass Tort suit suing Wells Fargo for mortgag...

    Alison’s Answer

    That decision will have to be yours and your Mass Tort attorney's.

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  • Being sued for credit card - what should my next move be? Plaintiff's attorney told me to do nothing and not show up at court.

    I've been served with a civil case being sued for breach of contract for a credit card. 5 days after being served, and before filing my response with the court, the Plaintiff and myself have reached a settlement. The plaintiff's attorney told me...

    Alison’s Answer

    I suggest you have the Plaintiff's attorney file a notice of settlement, but not yet dismiss the case. The court will then continue the hearing. I do NOT suggest you fail to appear when the court has ordered you to do so. The court will gladly continue the hearing, but only after there is a notice of settlement. It is understandable that the Plaintiff's attorney does not want to dismiss the case until all monies are received, but that doesn't mean that everyone just abandons the court hearings. Doing so could put you at risk of sanctions.

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  • Can I still press charges for when I was a minor

    My ex girlfriend slept with me when I was 16 and she was 21 but now I'm 19 and she is 24 can I still press charges agaist her?

    Alison’s Answer

    Often it depends on the type of assault. In New York, as I understand it, there is a 5 year statue of limitations for certain sex crimes, but if the victim was under age 18, the statute of limitations will not start until the child has reached age 18 or the offense is reported to a law enforcement agency or central register of child abuse, whichever occurs earlier.

    I suggest you first go to the police and then contact a local attorney.

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  • How to combine 2 scheduled motion to compel hearings on same matter ??

    Motion to compel filed/served June '12 re unverified responses. That hearing was continued to 10-9-12 with order to further mt & cnfr. Due to volume &/or complexity, Court continued the 10-9-12 hearing to 10-24-12. Meanwhile, In response to th...

    Alison’s Answer

    I agree with Mr. Pedersen. If the clerk is unable to move the hearings you can also put together a stipulation wherein both parties agree to continue the 10/24/12 hearing until 11/1/12.

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