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...
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...
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...
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...
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.
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.
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...
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.
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...