Kenneth Evan Chyten's Answers

Can I sue for defamation of character .

The knowing and intentional filing of a false police report is a violation of the Penal Code. However, since no one other than you and the police officer taking the report was aware of the false claims that had been made, you did not suffer any form of compensable damage to your reputation. PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING...

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How do I draft a motion or application to extend time?

Your attorney should contact opposing counsel, tell him he is substituting into the case, and wants an extension of time to respond to the discovery. As he is new to the case, such an extension will almost assuredly be granted. If opposing counsel refuses to give an extension of time to respond, have your attorney serve objections, and indicate that further responses will be voluntarily provided. I would strongly urge you to consult immediately with a litigator skilled in this area...

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Are attorney fees + costs recoverable to the prevailing party in a civil restraining order? If not, what is recoverable?

Attorney's fees are only recoverable if provided by statute or contract, and requested in an appropriate document filed witth the court. If you were entitled to such fees, they should have been requested in the application for or oppsition to the temporary restaining order. If the court did not award such fees, when requested, it was either due to an oversight, or was declined. If the order did not provide for fees, when orally awarded by the court, you can request clarification or...

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Can CA employer take 4 weeks of vacation time earned?

The employer was obligated to compensate you for all accrued vacation time at the time you were laid off. The failure to do so was a violation of the labor code. Should you file a legal action against the employer, you could be entiltled to interest, penalties, and attorney's fees, in addition to the unpaid vacation time. I would strongly urge you to consult immediately with a litigator skilled in this area of the law. PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A...

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How to change venue for a case in Solano County to LA County?

Collection is not dependent on which county in California issued the judgment. Moreover, there would ne no basis for transferring a case after judgment was entered. You simply need to execute on your judgment. You can start off by recording an abstract of judgment in whichever counties the debtor owns property or maintains assets.

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I worked for a start-up company for nearly a year and never got paid. I finally emailed requesting pay & he closed the company.

You can sue for breach of implied contract, in which you allege the amount of your compensation was implicitly the reasonable value of the services provided. If the owner never intended to pay, you can also sue him for promissory fraud, which is making a promise without intention of performing. The latter claim, if proven, could entitle recovery of punitive damages.

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Should I get something signed from the home owner as he returns my deposit?

I would suggest you get a written release from the owner stating he has agreed to accept the amount you have paid for repairs as full consideration for any damage to the leased premises. PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO...

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If I've been served in a civil suit but the case has now been stayed and moved to binding arbitration, am I still obligated

You do not need to respond to the complaint if the entire action has been stayed and ordered to arbitration, and is not limited to the claims against the defendants who were signatory to an agreement containing the arbitration provision. The minute order of the court will make clear whether the stay applies to all defendants, or merely to the defendants who were ordered to arbitration. Feel free to contact me by telephone or e-mail if you would like to discuss this matter. Telephone: (...

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Deposition attire - sunglasses

There is no rule regarding what attire can be worn at a deposition. Nor are you required to face the attorney. You should, however, face the court reporter as it it hard to transcribe testimony when the witness' back is turned. PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN...

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Can a plaintiff in a unlimited civil suit,file an amended complaint at time of opposition to demurrer,voluntarily?

You can amend a complaint any time prior to the hearing on a demurrer to the original complaint. Whether to oppose or amend depends on whether the complaint is legally deficient. You should retain an attorney who can review the complaint and amend it if it is legally deficient, and oppose the demurrer if it is not. If you try and litigate on your own, your rights could be irreperably prejudiced. I would strongly urge you to consult immediately with a litigator skilled in this area...

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