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Charles Richard Perry

Charles Perry’s Answers

1,354 total

  • The defendant files for a Motion For Summary Judgment and the court’s clerk sets a day, a time, and a department for the hearing

    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...

    Charles’s Answer

    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.

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  • Motion For Summary Judgment

    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...

    Charles’s Answer

    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.

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  • Do I have a retaliation case against both a former employer and the agency that placed me? Do I have a breach contract case?

    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, ...

    Charles’s Answer

    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.

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  • Do I need a debt harasser attorney?

    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...

    Charles’s Answer

    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.

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  • What actions can I take?

    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...

    Charles’s Answer

    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.

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  • How to Notify the Court I Am Now Unrepresented and How to Manage My Case from a Distance?

    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...

    Charles’s Answer

    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.

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  • Can we legally do anything?

    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...

    Charles’s Answer

    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.

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  • 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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