Plaintiffs served a subpoena on a third party. Third party sent an email trying to limit the document production to nothing. Third party never served objections. (Served them on the wrong address and person which shows on their proof of service). ...
Nothing requires the subpoenaed party to serve objections before filing a motion to quash, though it is common practice to do so.See question
I own a small business. my employee is having health issues with his son and he wants to reduce his hours. I told employee his rights to apply for paid family leave but he doesn't want to. He prefers to reduce his hours and get paid less to spen...
There is not enough information here to answer this question.
It is indeed possible that an employer may have to allow for reduced-hour employment under the California Family Rights Act. Much depends on whether the federal and state leave act applies, and the seriousness of the child's health condition.
You probably need to meet with an employer-side labor attorney to discuss the exact situation that you face. The form is not designed for questions like this, which ask for a legal opinion on a specific fact pattern. In addition, the responses here are not confidential and cannot constitute attorney advice.See question
It was suggested I file a petition for elder abuse. What exactly is it? What is involved in filing the petition? What is it to accomplish?
A petition is a request to the probate court for an order or judgment of some kind. If this were in the general civil court, it would be called a "complaint," but it serves the same purpose. The petition sets out the key facts and the relief requested. It is filed with the court, and served on everyone that could be affected. It starts the process of judicially resolving the dispute, and could lead to a trial.See question
I'm suing a for breach of contract for $50,000 pro per. The defendant filed his own lawsuit for $15,000 (also pro per) saying I breached the same contract. I filed in Long Beach. He filed in Lancaster. He said we can't mix the cases because of dif...
If the cases are indeed related (and arising from the same contract should qualify), then a Notice of Related Case should be filed. The form can be found here: http://www.courts.ca.gov/documents/cm015.pdf
This should be done sooner, rather than later -- it is supposed to be done as soon as you realize the cases are related.See question
Someone suggested reporting contacting the district attorney's office on a crime of adult abuse back in 2011. The appropriate agency was contacted back then, but if they had the authority to charge the perpetrator they did not do it. Can anythin...
The statute of limitations for criminal prosecution of physical elder abuse is often five years, which is longer than the typical statute for battery. The statute of limitations for a civil claim is at most three years, and may even be two.See question
If I want to arbitrate or even settle, do I file an answer first or can I request stay in order to reach an agreement with my adversary? Thank you very much.
It is not unheard of for an attorney to agree to an informal stay of discovery in order to pursue settlement talks. Court rules also allow the parties to agree to a maximum 15-day extension of time to serve responsive pleadings - anything longer requires court approval. Obtaining that court approval would require payment of the first-appearance fees.
It does not hurt to ask opposing counsel for his thoughts on your ideas? Just be prepared to timely file responsive papers if opposing counsel does not agree to accommodate you.See question
Can send you e-mail.
Even if you can locate them and successfully sue them, you may find it impossible to collect on the judgment.
It may be possible to band together with others who believe they have been scammed, and seek some kind of collective action with the appropriate governmental consumer agency.See question
History: The Clerk denied an Entry of Default against one of two defendants because the clerk had misplaced the proof of service. Six days later, the defendants filed a Motion for Vexatious Litigant (a second one, first one was denied). 1 day...
You raise interesting questions. Section 391.6 of the CCP does mention a stay of the litigation, but the statute does not explain exactly what that means. I have also not researched the case law to see if it is any help. At a minimum, however, the stay would operate to bar any action involving the defendant and the plaintiff involved, including discovery between those two parties and the entry of a notice of default.
A telephone call to the defendant to reach an agreement that the stay covers answering discovery may help you resolve this problem.See question
The person I am suing has changed the court date multiple times requiring me to alter my travel plans resulting in additional costs. Is this something I could mention to justify a $250 increase in the amount I am suing for?
Outside of filing costs, and costs to serve the complaint or subpoenas, there are very few costs you can recover. The additional travel costs are unfortunately not covered.
If you find that you suffered additional damages from the defendants' wrongful behavior, you may want to investigate amending your complaint. If the defendant does not show up, your award will be limited to the amount stated in your papers. An amendment may cause yet another delay, so you will want to consider this action seriously before following through.See question