Lenden Franklin Webb’s Answers

Lenden Franklin Webb

San Diego Lawsuit / Dispute Attorney.

Contributor Level 4
  1. Will an Action to Quiet Title stop the foreclosure and is it it the correct step that I need to take?

    Answered about 2 years ago.

    1. Lenden Franklin Webb
    2. Frank Wei-Hong Chen
    3. Kevin Arnold Spainhour
    4. Robert Pecco Baker
    4 lawyer answers

    We have handled many of these lawsuits, and the issues are fraught with concerns for both the homeowner and the lenders. Before our office can assist you, there are a few fundamental questions: 1) Do you own your home? (I assume from your description above title is in your name alone) 2) Did you enter into a Written Loan Modification Agreement, or have some other written agreement, (your loan modification papers described above would be a solid start) 3) You performed &...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Filing amended complaint to add cause of action:

    Answered 12 months ago.

    1. Lenden Franklin Webb
    2. Kevin Richard Martin
    3. Robert Daniel Kelly
    3 lawyer answers

    Leave to amend is freely granted, and, absent a strong showing of prejudice, leave to amend must be granted. Here are standard cases about this issue: “A party may amend its pleading only with the opposing party’s written consent or the court’s leave. The Court should freely give leave when justice so requires.” (Fed. R. Civ. Proc. 15(a)(2).) Rule 15(a) “embodies the liberal pleading philosophy of the federal rules” in order to ensure that claims will be decided on the merits. (Adams v....

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  3. I have a balance of 26.41 vacation hours; maybe more and I just got laid off. Doesn't my previous employer have to pay this ?

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. Kristine S Karila
    3. Lenden Franklin Webb
    4. Daniel DeMaria
    4 lawyer answers

    Any accrued vacation time must be paid out at the time of termination or within 72 hours if the employee gives advance notice he or she will no longer be working for the employer. The employer's failure to timely pay any accrued vacation time could subject the employer to penalties equal to one days wage for a total of 30 days. Attorney's fees are also available. See California Labor Code Sections 201, 227.3, and 203. Feel free to contact our office if you have any further questions. 559-...

    2 lawyers agreed with this answer

  4. Should I give Travelers Companies, Inc Attorney Inc. a extension of time to file their answer to my lawsuit?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Steven Alan Fink
    3. Michael Charles Doland
    4. Lenden Franklin Webb
    4 lawyer answers

    Fully agreed with other counsel here. In fact, the California Code virtually mandates that a judge shall give a 15-day extension of time to file an Answer or Responsive Pleading if asked. (Cal. Gov. Code 68616 and CCP 1054 allows up to 30 days) Any resistance is not only discourteous and risks future animosity (which does not engender healthy settlement discussions) but risks the displeasure of the court for the trouble of having a motion for more time on their (already busy) calendar. Save...

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  5. When to file a Motion for Judgment on the Pleadings?

    Answered 12 months ago.

    1. Lenden Franklin Webb
    2. Samuel Cohen
    2 lawyer answers

    Generally 30 days before trial, but there are a host of exceptions and rules. Since you appear to be the Plaintiff, you want to pay special attention to CCP 438 which dictates that this may be filed at different times and circumstances and is very factually dependent. Our office has brought this on the eve of trial as a defendant, which is not common unless you have a court that cannot give you a MSJ date because they are too impacted and their calendar doesn't permit. There are a multitude of...

    1 lawyer agreed with this answer

  6. Is there a defense you can raise to a plaintiff who is aware of your conduct over long periods of time?

    Answered 12 months ago.

    1. Sagar P. Parikh
    2. Nicholas Basil Spirtos
    3. Lenden Franklin Webb
    3 lawyer answers

    There many be many defenses related to a delay in prosecuting a claim: Laches, Statute of Limitations, Detrimental Reliance, Accord & Satisfaction, Fraud in the inducement… however, your facts only give rise to a few of those and I would suggest that you meet with a business litigation attorney to get the best answer possible and go over all the details and documents surrounding your lawsuit.

    1 lawyer agreed with this answer

  7. How do you deal with tampering with a witness?

    Answered about 1 year ago.

    1. Lenden Franklin Webb
    2. Jason Blair Toon
    3. Samuel Cohen
    3 lawyer answers

    Testimony at a deposition is under oath, under penalty of perjury. Jurors can smell lies from 10 blocks away, and we have seen jurors shift uncomfortably when they see someone lying on the stand. They know a lie and can see through compromised positions. A good attorney will help showcase this deception and give the jury the means to punish the liar.

    1 lawyer agreed with this answer

  8. Default judgment for damage amount yet determined?

    Answered about 1 year ago.

    1. Charles Richard Perry
    2. Lenden Franklin Webb
    2 lawyer answers

    I agree with the prior answer, with a twist: First, I agree that the matter against P2 cannot proceed until the Motion to Quash is resolved. Once that is answered, a Judge will typically grant 10 days for P2 to file a "responsive pleading" (answer or other pleading) or the Judge may say that the Defendant needs to be properly served. (NOTE: Some Judges are annoyed at these motions Second, while you may enter the default against D3, you will NOT get a money judgment unless you pled a...

  9. Can i sue a company if i am denied my raises after a wrongful termination

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Marilynn Mika Spencer
    3. Lenden Franklin Webb
    3 lawyer answers

    You may have unique facts not listed above which would change the answers above, but I concur with the answers above.

  10. Need more time to prepare for my cross complaint. Court is scheduled on October 31,2012, tomorrow...can I get an continuance ?

    Answered about 2 years ago.

    1. Neil Pedersen
    2. Lenden Franklin Webb
    3. Anita Joy Margolis
    4. Alan James Brinkmeier
    4 lawyer answers

    Depending on the nature of your hearing, there may be rights and obligations that arise which could reduce the chance of the court (granting a motion for leave to file a cross-complaint) or the opposing counsel agreeing to a stipulation for leave to file the cross-complaint. However, you may not need either of these if your time limits for filing the cross-complaint haven't expired... I fully understand that these are not an exact answers, but exact answers are a just 1 lawyer away...

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