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Charles Richard Perry

Charles Perry’s Answers

1,367 total

  • I am in the midst of a lawsuit with my HOA. My attorney recently quit, and I am not repressing myself for the time being.

    I am about to reach a deadline for a meet and confer with the opposing council, and I am not even sure what that means exactly. Does that mean that I need send a letter with a date to meet and confer?

    Charles’s Answer

    "Meet and confer" means to communicate with the other side about a dispute that has arisen within the litigation, usually with respect to discovery or a motion that one side wants to file. Meet and confer is sometimes done by letter, but can also be done over the telephone or face-to-face.

    It is not possible to say much more, without knowing what statute or role imposes your deadine. If you are talking about the 45 day window for a discovery motion, however, the statute means to complete your meet and confer AND get your motion on file within 45 days. The deadline, however, can be extended by agreement of all parties or court order.

    It sounds like you need to meet with a litigation attorney to assist you.

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  • What to do if a federal civil subpoena for producing ESI cannot be served due to the success of the defendant, who has not

    yet answered the complaint but was served it,If the process server tries 3x to serve the subpoena and no one answers but their in the home, is this due diligence and can the a request for order be made after this?

    Charles’s Answer

    This is not clear. Why are you serving a subpoena on a defendant? There are other discovery devices you can use, and there are usually holds on discovery in federal court pending an initial meeting of the parties or their attorney.

    I suspect you need to meet with an attorney for assistance here.

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  • A judge granted objection less response for discovery because my old attorney didn't file on time, what do I do.

    Objection less response to discovery would violate my rights of self incrimination.

    Charles’s Answer

    You need to follow the order, file a petition for writ of appeal with the Court of Appeal, negotiate a solution with the other side, or answer in a fashion that violates the order and take your chances with additional sanctions.

    If there are errors by your attorney, you may need to investigate whether you have a malpractice claim against him or her. You definitely need to consult with an attorney as to your question of self-incrimination. My experience suggests that most laypeople are misinformed as to what this idea really means.

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  • A Company filed a small claim against me for accepting the offer letter and not joining

    Hi A small Claim has been filed by an Employer against me. I have never joined this Company. Accepted their offer letter. They filed the H1B Premium transfer (cost $1200 appx). I din't join because the emp terms were not favorable as compared to...

    Charles’s Answer

    The exact facts here key. If there was in fact a promise made by you to work for them, they spent money in reliance on the promise by paying for the H1B transfer, andy you then did not keep that promise, then the other side may well have a claim against you for the amount they spent in reliance on your promise. The theory is called "promissory estoppel."

    Much will turn on the exact evidence presented to the court, but the theory of the claim makes sense to me.

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  • Can I sue the owner, If a neighboring property owner allows AirBNB guests to constantly run over my lawn and damage my pavement.

    One of the AirBNB guest paid for the damage, because I caught her in the act. Can't say the same for the others. And When I confronted the property owner about the constant guests that cause a nuisance (property damage, slamming doors and loud tal...

    Charles’s Answer

    You may have issues of being able to prove the various acts you allege, but I can see where you might have claims of trespass and/or nuisance against your neighbor.

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  • CA Court granted relief barred by CC§2203 to foreign plaintiff. Do they continue to have standing (cause of action)?

    When a foreign corporation transacting intrastate business in California is unregistered and files a lawsuit prior to registering with the CA Secretary of State it lacks capacity to maintain its action unless it complies with all provisions of Cor...

    Charles’s Answer

    It appears that the Court did not feel Section 2203 applied in your situation. If true, the capacity issue has been decided against you.

    I do not understand the rest of the question. There is no statute of limitations question so long as the suit is still on file. On the other hand, the lack of capacity does not toll a statute of limitations if the case had not yet been commenced.

    I hope this helps.

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  • An unrelated witness submitted a false written declaration in a restraining order hearing. Can I sue them or are they protected?

    An unrelated witness who had nothing to do with the dispute between myself and my former landlord/ roommate submitted a written declaration with false information for a restraining order hearing. Can I sue the person who wrote the false declar...

    Charles’s Answer

    There is no claim based on false statements made in a court proceeding, except for claims of malicious prosecution. Those statements are privileged under Section 47 of the California Civil Code.

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  • This is for Real Estate and/or Business law attorneys involving wills/trusts and property in trust

    Frank and Dorothy have a property they bought over 100 years ago, they have two children one boy one girl, Frank Sr. dies and in the will the property is to go to the two children Patricia and John Frank, as was verbally indicated over the years, ...

    Charles’s Answer

    This is too complicated to address in a public forum, and you don't want advice to be public in any event.

    The title to the property needs to be checked, to see how it is held. You should be able to find the name of the trust, and perhaps the name of the current trustee. The trustee is supposed to provide notice to all beneficiaries of their rights under the trust. Not all trustees do that. You can make an appropriate demand on the trustee for information. If necessary, you can petition the court for assistance.

    The situation appears to be sufficiently complicated, and enough money is at stake, that it should be handled by an attorney.

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  • I sued someone in small claims and got countwr suied the judge dismissed both sides. Can i take it to civil court??

    i sued someone for breech of verbal contract and they counter sued me. The judge was torally on my side but when i got the answer in the mail, he ruled that both sides didnt owe anything. These people got away with alot of money(in product) that s...

    Charles’s Answer

    No. If you get a judgment on a claim, you cannot sue on that claim again in a different court. Thus, you cannot have the case heard in Superior Court. Because only a losing defendant can appeal a small claims verdict, you would have no right to appeal.

    Your only remedy is to file a write of mandate in the superior court, asking that the judgment be overturned. The chances of that are remote at best. The court has discretion not to even hear the writ on the merits, and exercises that discretion in well over 90% of the cases where petitions for writs are filed.

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  • Law and Motion Reply Briefs

    Is it proper to introduce new material in a reply brief that was not included in the original motion? Is there a code that governs? Is there anything that allows this?

    Charles’s Answer

    I guess I come at this in a different, and perhaps more nuanced fashion.

    You cannot introduce new arguments in your reply brief that say why your motion should be granted. You can, however, put in new material if it directly contradicts an argument that the other side makes in its opposition, and if including that material could not reasonably be anticipated when you drafted your original motion papers.

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