Edward Court McDonald Jr's Answers

Civil case with settlement offer under CCP 998. offer rejected. award is lower than offer.

The 998 offer is a trigger point leading to mandatory and discretionary penalties. If you do better after trial, which apparently you did in this case by $45, then plaintiff's refusal to accept the 998 offer results in the following consequences: 1. Plaintiff cannot recover court costs incurred after the 998 offer was made (but plaintiff as the prevailing party can still recover all pre-offer costs) 2. Plaintiff must pay your post-offer costs, if those costs exceed the amount of the...

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In answering questions on a interrogatory, what does "verified" mean???

Agree with the other responses. "Verified" means that you state under penalty of perjury under the laws of the State of California that your answers to interrogatories (or other discovery responses) are true and correct to the best of your knowledge. I suspect that you can find a standard verification form used in California on the web.

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Online Mediation?

Online mediation may not be objectionable, but I believe it to be impracticable. First, you likely will have a confidentiality problem with an online mediation session. Second, I don't believe that an online mediation session will be effective. From my experience as an attorney and mediator, disputes are not simply resolved on a legal level, often resolution depends on the restoration of a business or personal relationship. Mediation is based on personal interaction between all parties and...

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Asked to testify (NOT subpoenaed) -- what if I don't show up?

Without a subpoena to appear to testify at trial, you are not required to attend. Balancing a trial schedule and the order of witness testimony is difficult at times. I suspect that the attorney will contact you with a more discreet time frame for your testimony, if still needed. Since your testimony is to impeach a plaintiff, your testimony actually may not be necessary, depending on how the trial unfolds. You are entitled to a witness fee of $35.00, plus travel expenses. You are not...

Asked to testify (NOT subpoenaed) -- what if I don't show up?

Without a subpoena to appear to testify at trial, you are not required to attend. Balancing a trial schedule and the order of witness testimony is difficult at times. I suspect that the attorney will contact you with a more discreet time frame for your testimony, if still needed. Since your testimony is to impeach a plaintiff, your testimony actually may not be necessary, depending on how the trial unfolds. You are entitled to a witness fee of $35.00, plus travel expenses. You are not...

Discovery

You can call the Public Information Paralegal tomorrow, Lisa McCrary at 792-2504, if you have a case number; she may give you the information based on the suspect's name.