Michael John Tonsing’s Answers

Michael John Tonsing

San Francisco Employment / Labor Attorney.

Contributor Level 13
  1. Three years ago I won a $5000 small claims court order against someone who committed fraud against me. He still didn't pay.

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Michael John Tonsing
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. Scott Richard Kaufman
    5 lawyer answers

    A judgment rendered by a California court is good for 10 years and can be renewed for another 10, so you should be able to chase this slippery guy for quite a while yet. That is the good news. The bad news is that slippery guys tend to be more difficult to collect from than average guys. My colleague has suggested that you try to force them into court for an "examination of debtors." That is a really interesting procedure that I have used on a number of different occasions myself as an...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Bill of Particulars - "If the original complaint was verified, the BoP must also be verified." - what does this mean?

    Answered almost 2 years ago.

    1. Michael John Tonsing
    2. Michael Charles Doland
    3. Frank Wei-Hong Chen
    4. Seyed Abbas Kazerounian
    4 lawyer answers

    Here is what a verification looks like. It goes at the very end of the complaint. Below is a cut and paste of a verification I used in a case filed in Alameda County Superior Court. The below language is to be followed by a signature ... NOTE: Joe Schmoe is not a real client name. Good luck! I am a Plaintiff in the above action. I have read the foregoing Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters that are therein...

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  3. Is there a best practices to win a case in a way to prevent an appeal?

    Answered over 1 year ago.

    1. Christine C McCall
    2. Joshua Sachs
    3. Stephen Joseph Cipolla
    4. Michael John Tonsing
    5. Kyndra L. Mulder
    6. ···
    6 lawyer answers

    Yes, appeals can be held to be frivolous. Best way to avoid that is to hire a good lawyer. Seriously. The fact that someone is representing themselves makes it more likely that a trial court or an appellate panel of judges will conclude that they were not serious. Perhaps a bit unfair, but then again, there's the old saying that if representing yourself you have a fool for a client. A good lawyer should be able to steer a case away from frivolity based on their instincts, knowledge of...

    8 lawyers agreed with this answer

  4. Discrimination in the state of California.

    Answered over 1 year ago.

    1. Michael John Tonsing
    2. Jonathan H Levy
    3. Michael Charles Doland
    3 lawyer answers

    Every time to make a choice, we discriminate. For example, if you go to Safeway and choose cheddar cheese instead of blue cheese, you are discriminating in favor of cheddar. Obviously, that is not against the law. In fact, in a free society people discriminate every day and it is not only not illegal, it is encouraged. For discrimination to be illegal, it is necessary that someone be treated unequally due to their membership in a protected class. We know pretty much what those protected...

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  5. Employee be sending home with a short hour worked in CA

    Answered about 2 years ago.

    1. Michael John Tonsing
    2. Michael Robert Kirschbaum
    2 lawyer answers

    Normally, employers only have to pay their non-exempt employees only for hours they actually work. However, --- that's too easy and obvious. It is common in the restaurant business to have difficulty estimating the number of tables that will be occupied on a given day or for a given meal. If a restaurant like yours requires non-exempt employees to report to work and then does not provide them with a minimum amount of work, it is required to pay them a "show up premium." This show up...

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  6. No Response to Demand for Bill of Particulars - what is the time window to file "motion to exclude evidence at trial"?

    Answered almost 2 years ago.

    1. Michael John Tonsing
    2. Joshua Branden Swigart
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Though it may not seem possible, both of the previous answers are on target though it is also true that neither is quite complete. The court is not obliged to exclude evidence because of a failure to respond to a demand for bill of particulars. That is matter of discretion for the court. See the case citation below. While you did the right thing in sending the facts before issuing the demand, that does not create a certainty. If you want to seal the fate of the other side, consider sending a...

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  7. Under what circumstances can a "district attorney" subpoena records from a defendants "former lawyer"?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Michael John Tonsing
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Let me try to explain further by using an example. This can be a confusing area of the law even for lawyers, sometimes. if your former attorney filed a document in court and retained a copy for her file, that document would not be privileged. However, if she wrote notes about her impressions of the party and the other side of the case on that document during a deposition, that copy of the document would not be subject to disclosure. It would be protected by the work product privilege....

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  8. Is there a finite number of discovery requests in Unlimited Jurisdiction litigation in California?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. Michael John Tonsing
    3. Frank Wei-Hong Chen
    4. John Noah Kitta
    5. Wallace E Francis
    5 lawyer answers

    No. The limitation is designed to lessen the likelihood of harassing discovery. If you exceed the limits, or engage in harassing discovery where there are no stated limits, the other side can go to court and get relief, including monetary sanctions against you. Be careful. Be reasonable. You can only ask 35 special interrogatories. If you ask 2 questions in one interrogatory, that counts as two. Sub-parts add to the count, too. You can exceed 35 special interrogatories on a showing...

    6 lawyers agreed with this answer

  9. Harassment and libel on social media

    Answered about 2 years ago.

    1. Michael John Tonsing
    2. Hillary Johns
    3. Barry Franklin Poulson
    4. William David Weyrowski
    4 lawyer answers

    What the courts call "prior restraints" of free speech are very difficult to obtain. And, assuming you could obtain one, a court order would be very difficult to enforce against someone outside the US. Not at all clear what provable damages you may have suffered. Best hope, I think, would be to contact a lawyer who specializes in such cases, using Google as a search tool. Process, legally, would probably be expensive. Some statutes provide for fee reimbursement if you prevail, though...

    6 lawyers agreed with this answer

  10. Which form is used to file the advanced jury fee of $150 with the California Superior Court? Is it required that all

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Michael John Tonsing
    3. Seyed Abbas Kazerounian
    3 lawyer answers

    Mr. Chen's answer is, as usual, not only correct but also thorough. I suggest that you follow his advice.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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