Howard Mark Ullman’s Answers

Howard Mark Ullman

San Francisco Antitrust / Trade Attorney.

Contributor Level 8
  1. Catering company did not show when promised. Signed contract. Can I sue for breach of contract, fraud, and negligence?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Howard Mark Ullman
    3. Kevin Samuel Sullivan
    3 lawyer answers

    You very well may have a claim for breach of contract. It would be important to review the agreement you signed to determine whether you have a claim, and if so, what your damages might be. (Some contracts stipulate the amount of damages you may recover.) As to fraud, you would have to prove various things, including that the other party intentionally made a misrepresentation to you (in other words, that they lied about something, and that you relied upon the misrepresentation). That's...

    4 lawyers agreed with this answer

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  2. Interrogatories -- is it 25 per party or per side (federal court)?

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Frank Wei-Hong Chen
    3. Timothy C. Nies
    4. Erik Anderson
    4 lawyer answers

    Per party. Federal Rule of Civil Procedure 33(a)1 states: Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)<http://www.law.cornell.edu/rules/frcp/Rule33.htm#Rule26_b_>(2).

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  3. When counting the 45 days on a Motion to Compel, are holidays excluded and do I count an additional 5 days (CCP 1013(a))?

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Isileli Tupou Manaia Mataele
    3. Yousef Monadjemi
    3 lawyer answers

    Assuming you are in California state court, a party normally has 30 days to respond to interrogatories. CCP 2030.260(a). You then have 45 days to file a motion to compel. CCP 2030.300. As to calculating time, if you served interrogatories by mail, then yes you must add 5 days to the response period (if the place of mailing is inside California). If outside California, then you must add even more extra days.. You do not count the day you mailed the interrogatories - you start with the...

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  4. Can a pro per Defendant subpoena an attorney representing Plainitff?

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Michael Lee Claessens
    2 lawyer answers

    Until and unless the court rules on the motion, no appearance is required. Your question suggests you are seeking privileged information. You won't be able to discover that.

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  5. Is there any legal ground to stand on if a Doctor makes and then later breaks a verbal promise about his ability to treat you?

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Christine C McCall
    2 lawyer answers

    Some types of oral contracts are enforceable. There also is a doctrine called "promissory estoppel" that lets you enforce oral promises even if no actual contract is actually made. The problem with both of these legal theories is that it can be difficult to prove the oral commitment -- you may have a "he said / she said" situation. So other, corroborating evidence becomes important.

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  6. I am a non-party who was named in a disclosure. Do I have to answer attorney's questions without a subpoena or deposition?

    Answered about 3 years ago.

    1. Howard Mark Ullman
    2. Frank Wei-Hong Chen
    3. Michael S. Haber
    3 lawyer answers

    Assuming you're talking about a federal lawsuit (you referenced Rule 26(a)), you don't have to talk to anyone (unless they serve you with a subpoena). That's as a legal matter. As a practical matter, you may want to speak with your company's counsel. Everything else being equal, it's usually wise to try to be cooperative with your employer. Be aware that your company's lawyer probably represents the company, not you. This may mean that what you tell the lawyer is privileged, so long as...

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  7. Requesting Civil Advice

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Michael Lee Claessens
    3. Herb Fox
    3 lawyer answers

    Quite likely, but it's hard to tell from the limited facts presented. Was there any writing governing the investments? If so, the terms of the writing would control and probably specify what should happen. If there was no writing, it is possible the investors have a claim under what's called a "promissory estoppel" theory -- the business owner promised to do something with their money, but didn't, and now should return it.

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  8. Need 2nd Opinion About Appellate Process

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. James E Dunn
    3. Eileen Sue Kotler
    4. Richard M. Stephens
    4 lawyer answers

    Respectfully, your summary of your attorney's statement does not make much sense. The U.S. Supreme Court is a federal court. It is the <<Supreme>> federal court. Usually, federal cases are decided first by a federal (district) court. Then if there is an appeal, it is usually heard by a federal circuit (appeals) court. Then, there may be an appeal to the U.S. Supreme Court. If you are at the stage of an appeal to the U.S. Supreme Court (most likely from a circuit court decision), in...

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  9. How many questions from a deposition will be actually be asked at trail?

    Answered almost 3 years ago.

    1. Howard Mark Ullman
    2. Orion Gray Callison III
    3. Barry A. Stein
    4. Michael S. Haber
    4 lawyer answers

    A deposition is a vehicle to discovery information -- everything that might be relevant to a case. By the time a case gets to trial, it is whittled down to its essentials. So only the essential pieces of information will be put into evidence. Long story short, if you are a trial witness, you are unlikely to be asked everything in your deposition. Probably you will be asked only a small subset of those questions.

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  10. Appeal from Nevada Supreme Court?

    Answered almost 3 years ago.

    1. Justin C Jones
    2. Howard Mark Ullman
    2 lawyer answers

    If there is a federal question involved, there may be an appeal to the United States Supreme Court. SCOTUS, however, takes very, very few cases out of the thousands presented to it for possible review.

    2 lawyers agreed with this answer