I was wondering if a summons must have the individual section checked in order for the summons to be good? The complaint lists the person being sued as an individual. Please let me know.
Service should be valid if there is no ambiguity as to who is being served. An ambiguity could arise, for example, if the individual being served is also the agent for service of process for a corporate defendant.See question
called to testify in a probate hearing by 1 of the traffickers/or lawyer about the same issues/ Does the attorney client privilege extend t the pro se witness or the fact he is a victim?
I see nothing in your question to suggest that there is a privilege exusing the litigant from testifying. There may be privileges that apply to specific questions, but the attorney-client privilege would apply only to the pro-se litigant's conversations with an attorney.See question
Finished or do you still only have six months from the time the claim is denied ? This is for California. It seems the DA can be influenced to proceed with a weak case if he knows a civil suit most likely will be filed. If the limitations run out ...
There is not enough information here to tell if any doctrine for tolling a statute of limitations applies. In general, however, the threat or pendency of a criminal action does not impact the statute of limitations as to a related civil claim.See question
on MSJ. The plaintiff timely files an opposition to the MSJ. On the day before the hearing, the court issues a tentative ruling. The party aggrieved by the tentative ruling can request to attend the hearing in an attempt to make the court change i...
1. Yes, but only by way of oral argument at the hearing. You can ask at that time for leave to submit additional papers, but it is likely to be denied.
2. Not without court permission.
3. It can take the matter under submission, or the judge can rule from the bench.
4. My rule of thumb is that if you cannot state the one winning argument in two sentences and present the Court with at most two exhibits supporting that argument, you will not convince the Court to reverse its tentative ruling. My experience is that far less than 50% of tentative rulings are reversed. Do not simply review the arguments in your paper. You need to point to a specific provision in the tentative, make your one argument to show why it is in error, and show your evidence to support your position.See question
I am filing a separate statement of fact in my opposition to the other side’s motion for a summary judgment. In the right column, I am supposed to respond with either undisputed or disputed. And if disputed, I am supposed to cite my declaration or...
It may be possible to ask that the motion be continued in order for you to conduct the discovery necessary to properly admit or dispute the facts in question. Also, you have quite a bit of time between the filing of the motion and the time the opposition is due to conduct that discovery. The court will expect you to use that time wisely.See question
I am a domestic worker in california. I was signed with 2 placement agencies. I was about to start a 3 month temp through one, but backed out because I was offered a full time position through the other agency. Because I backed out of the temp, ...
If the family breached the employment contract, you should have a claim for damages. There are insufficient facts to say much else. Much depends on what you can prove as to the terms of the contract and the nature of the breach. I also suspect your contract with the agency is in writing, and that this contract spells our your rights and responsibilities. You may want to review those documents carefully, before speaking with an attorney.See question
This company has been calling from different number everyday for 2 years. They will call from different number each time and now local numbers. They stating that I owe on a debt from 2008 that is paid off. The company have left message stated tha...
You may have a claim under the Fair Debt Practices and Collections Act, but it is not possible to advise you without conducting a detailed interview and looking at whatever odcuments you have.
Your parents may also have a claim against these people.
You should contact an attorney who handles consumer protection of debt collction cases. The problem may be that you have a claim, but either cannot find the people or they have no money to pay a judgment.See question
My neighbors are making false calls to the cops & posting it online that my wife & I are supposedly molesting our son & that we beat him. We have called the cops ourselves which they said nothing can be done legally over the threat on FB and to ge...
The law likely will treat differently the calls to the authorities and the online postings.
Your court remedies are to file an acton for defamation against the person making the false reports. It may be that a strong letter from an attorney demanding a retraction of the FB posts will get some action. If not, you will need to go to court.See question
My attorney just quit- after a year of an E-ticket ride- when she resented decisions she made and blamed me for the outcome-in a nasty fit of temper- although I warned of all Not unfamiliar behavior in this case where the professionals have gon...
A Substitution of Attorneys form should be signed by your prior attorney and you, served on all parties, and filed with the Court. The Substitution tells the court and all inerested parties that you are representing yourself. Your former attorney should be happy to help you accomplish this, if only to formally terminate her relationship with you.
When you are in Court at a hearing, the best way to address the judge is with the title "Your Honor."
If your first attorney caused substantial losses, you may want to investigate whether there is a claim for malpractice. The statute of limitations on that claim, however, is often only one year.See question
My mom let her nephew borrow against her property to obtain a loan of $250k, she is now selling the property and he is not paying back his share of the loan. She did add him on as 25% owner of the property. Is there any legal recourse she can do t...
The typical situation is to sue to recover the money loaned. If the propery served as security for the loan, she could foreclose on his interest in the property.
Your Mom definitely needs to speak to an attorney about how best to pursue her options here.See question