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Charles Richard Perry
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Charles Perry’s Answers

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  • How long after a missed payment can i file a small claims court case?

    I had a friend call me and ask to borrow $1500. She said she would Pay me $250 a month until paid in full. I have text messages between us agreeing to this. First month july came around and she said she needed 1 more month. Next month august 6th s...

    Charles’s Answer

    The creditor can commence suit at any time once the debt is due and a formal demand for payment has been made.

    Without seeing the text messages and other writings, it is not possible to comment on your chances of winning. Text messages, however, can be used to prove a person's case.

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  • Are restraining orders only for domestic violence?

    Can I file for a permanent restraining order to stop someone from doing something that's harming me? It's not domestic violence but more like intimidation/bullying or something similar. Can this be filed in a form of a noticed motion?

    Charles’s Answer

    California has a procedure for obtaining restraining orders that are not due to domestic violence. The standard, however, is a bit higher. The Calfornia Judicial Council has published forms that are used to obtain this type of restraining order, which you can find online. I believe the petition form is numbered CH-100.

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  • Judge denied my Default Judgment due to improper international service. My husband was deported to Mex. What do I do now?

    I filed in 2013. After he was denied to be present via phone by the judge he stopped communicating. My attorney continued to send him information via mailing address. We have a home together that is now in default however, also in escrow, but I ne...

    Charles’s Answer

    If the default judgment was denied, it means that the original summons and petition for divorce were not properly served. You therefore need to properly serve him. I agree with the prior response that having your husband sign a Notice and Acknowledgment of Receipt would be the easiest thing to do. If your husband will cooperate in the sale of the house by signing papers, that also might help.

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  • Are Tentative Rulings used in Civil cases of Motion to Vacate Default Orders?

    I have been preparing a Motion to Vacate Default Civil Harassment Restraining Order After Hearing for Lack of Actual Service based upon Declaration proof of a forged filed Proof of Service. I cannot determine if Local Rules require the verbiage re...

    Charles’s Answer

    • Selected as best answer

    If the applicable local rules say nothing about the issue, you can assume that you do not need to include any language about tentative rulings in your notice of motion.

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  • Can a breach of contract claim be made without a copy?

    My old manager refuses to take my music off iTunes, amazon excetera even though it was stipulated that when we part ways, which can occur whenever either party chooses, all my work is removed. He also has my second album copywritten under my legal...

    Charles’s Answer

    Yes. Your complaint, however, will need to set out all the relevant terms of the contract. It also would be good practice to explain why a copy cannot be attached.

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  • When applying for an order for publication of the summons, do I have to have separate applications for each and every defendant?

    I am attempting to obtain an order for publication of summons on about 15 defendants. Due diligence has been conducted and every effort has been made to serve these individuals to no avail. When applying to the Court for this order, do I have to h...

    Charles’s Answer

    • Selected as best answer

    There is no rule expressly requiring separate applications. Some court clerks, however, will require separate applications for each defendant. Separating the applications by defendant can make it easier for the judge to see what evidence applies to what defendant. Making things clear for the judge is also important for you as the litigant.

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  • I am a plaintiff in a civil case. The court granted my attorney’s motion to be relieved as my counsel. I have to act as pro per

    until I find a new attorney. On 9/11/2015, the defendant’s attorney filed and served me by mail with a motion for Deemed Admissions, Points & Authorities and Declaration with a scheduled hearing on 10/14/2015. I was advised that pursuant to CCP 10...

    Charles’s Answer

    The opposition to the motion is due nine court days before the hearing date. See Code of Civil Procedure Section 1005(b).

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  • If I sue an individual and I do not check the summons box for individual served is the service defective?

    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.

    Charles’s Answer

    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.

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  • Can a pro se litigant in federal civil human trafficking case who is also the victim of traffickers claim any privilege if

    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?

    Charles’s Answer

    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.

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  • Are the statute of limitations for filing a civil suit against a government agency suspended until the criminal process is

    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 ...

    Charles’s Answer

    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.

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