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Robert Bruce Kopelson

Robert Kopelson’s Answers

7,403 total


  • Contacting court for continuance? Ex Partie hearing this Monday? Riverside superior court

    The problem is unlike other courts I've seen that post direct information for correspondence or continuance request. ( here in NJ they put it online. In riverside, California's court they have no such information. So how do you request a continuan...

    Robert’s Answer

    If the other side wants the continuance, and you agree, then a stipulation should have been prepared for both parties to sign and one can present it to the judge.

    You also could have faxed ot emailed the other party, with a letter saying you agree to the continuance etc. which the other party could present to the court.

    last you could contact Court Call a pay service to use for making telephonic appearances here. The Riverside County Superior court should have a web site explaining telephonic appearances.

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  • My wife fell at jack in the box Thursday 23 she went to doctor today26 can she send them the bill

    Wife did make a report took pictures her arm just kept getting worst its swollen its not broke so does jack in the box have to pay the bill.

    Robert’s Answer

    Best to get a free consult with a personal injury lawyer, before contacting the store. You/your wife may say the wrong things, do the wrong things, and have them used against you.

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  • Fighting with my car insurance company- please read and HELP

    I received a felony DUI and crashed my car. Totaling it!!!! And my insurance now says that they will not cover me or my car!! It is a total loss! I was on high risk car insurance due to prior DUIs. And now best I received another one they don't wa...

    Robert’s Answer

    Locate an insurance coverage atty in your area, and bring your policy to the atty for review. You can also file a complaint with the State Dept of Insurance.

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  • Removal & Remand = total confusion. What happens to the fed court rulings made by the during their 6 mo of jurisdiction?

    My 3rd amended complaint was removed to federal court by defendant on day 28 with an immediate motion to dismiss.. Fed court granted the dismissal w/leave to file a 4th amended complaint. Fed Court dismissed the only federal cause of action from...

    Robert’s Answer

    This is a complex matter, and you should consult with local counsel who handles both state and federal litigation. My guess would be that you would file and serve a 4th amended complaint in State court if there were3 there before. It should not include the cause of action the Fed court dismissed (depending upon the reason it was dismissed). Then the deft can respond to the new state complaint. You may have to get a stip from opp counsel, and/or an order from State court allowing the filing of a new Amended complaint. Local counsel should review the case and law on this to see if there is any way you can keep the default in State court, and not have to file and serve a new complaint.

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  • Demurrer help

    How do I go about in preparing a demurrer in california if I don't have a lawyer and I'm not able to pay for one?

    Robert’s Answer

    If you cant afford a lawyer, or find free advice, you have to go research both the law, the procedure, the forms, etc. It is not easy. A lot depends upon what the basis is for your demurrer. Go to the law library and start with a book like Witkin's California Civil Procedure, and look up demurrers. You need to check the Calif Rules of Court for formatting and technical requirements for the demurrer, and the local rules of court to see if the court you will be in has any local rules for setting hearings, etc.

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  • Do I need to give notice of a hearing to defaulted Defendants?

    I have a case with three defendants. Two defaulted and that has already been entered, one is still active and I am supposed to serve a notice of TSC. Do I also need to serve the defaulted defendants?

    Robert’s Answer

    Not reqd. However, if you do, and they don't appear or file motions to set aside default, it will make it really hard for them to attack any judgment later.

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  • Elder neglect & financial abuse Probate action needs to be transfered to Civil to have a jury trial. What type motion do I file?

    There are no jury trials in Probate Court I don't believe & I want one to expose the fraud & perjury involved here. Also I think the opposing counsel will fold if a jury trial is on the table.

    Robert’s Answer

    You would be well served by consulting with an atty who handles such cases. The law is not easy, nor is litigating and trying a jury case.

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  • I received an OSC without a "FILED" stamped on it, but it has the judge's name stamped on it. Is this valid?

    Why would the clerk not stamp it "FILED"? Why would it have the judge's name stamped if the judge approved it?

    Robert’s Answer

    The original may have the judge's signature, and the copies usually have a stamped signature as they are a conformed copy of the original. The judge does not want to have to sign his/her name on all copies, so clerks use name stamps.

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  • Can you sue a person who drove some one that was killed by someone else.

    My son was killed by someone but a woman he was with drove him to the place

    Robert’s Answer

    Not enough facts. If she was someone who was part of a plan to do harm to your son, and her part was to drive him to the place where others would harm him, she can be sued. Are the police investigating?

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  • What kind of attorney do I need to sue someone for an unpaid bill?

    My at the time boyfriend needed to have an emergency root canal done but had terrible credit. The dentist bill was then put in my name and was suppose to be paid on monthly. When we broke up about 3 months later he didn't continue to pay the bill ...

    Robert’s Answer

    Small claims has gone up to 10k. Did you sign anything with the doctor agreeing to pay your friend's bill? Did you make the payments, or did he? if you didn't agree in writing, you may not have any binding obligation. If you did sign, then you are stuck and will have to sue the ex boyfriend. Hope he has money, assets, and/or a good job.

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