1. All terms, conditions, and exclusions of the insurance policy would likely apply to a permissive driver as they would apply to the owner of the car. 2. Unless the permissive driver intentionionally rear ended you, I'm not sure how the intentional acts exclusion would apply. To me, the bigger question is whether the permissive driver can be insured under the policy given that he was evidently driving with a suspended license. 3. Washington State recognizes a cause of action for "...
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The state district courts and superior courts won't literally have "forms" (I.e., worksheets) to complete, but there are resources through which you can find "examples." First, a summons must include certain specific language for it to be valid. I've pasted a link to Civil Rule 4, which includes that language: http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=cr&ruleid=supcr04 Second, if you go to the county law library, it will likely have the Washington...
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I agree with Mr. Rosenthal that the King County Law Library basically has every conceivable resource to help you through the litigation process. That said, here's some additional insight for you: 1. Your legal claim is subject to a statute of limitations. In Washington State, the statute of limitations for many intentional-tort claims is only two years. So, be careful about how much time you spend teaching yourself the law. 2. I trust that you're highly educated, and I respect the...
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I see two questions here: 1. Can I oppose or answer to Motion for Judgment Summary by filing Motion to Dismiss? I've seen parties respond to motions for summary judgment by cross-moving for summary judgment or cross-moving to dismiss. However, in my opinion, that's a risky and inadvisable practice. The better practice would be to draft materials and present evidence that specifically relate to the motion for summary judgment, and separately file your own motion to dismiss. 2. Can I...
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There's a legal angle to your question and a business angle to your question. I'll address both. First, purely as a legal matter, I highly doubt that the groom could recover anything from you, let alone recover $600 from you: a. As a threshold observation, you didn't even have a contract with the groom; your contract and legal relationship were with the groom's sister. So, I'm having a lot of trouble seeing how the groom could recover anything from you under any other legal theory. In...
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I'm so sorry to hear about your accident and the surrounding circumstances. To answer your specific question: Yes, each of you can sue separately in small claims court in an effort to recover the $5000 jurisdictional limit. That said, here are a couple of thoughts for you: 1. If you're inclined to go to the trouble of suing the driver, I'm not sure why you wouldn't just sue him in Superior Court in an effort to obtain a judgment for all the money that you're entitled to recover. That...
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1. In Washington State, you can only file a small claims court action to recover money damages. Here, because you want your dog back, and assuming that the other individual is also in Washington State, you would need to file a lawsuit in state district court or superior court. 2. Washington statutes dictate the specific county in which you may file your lawsuit in district court or superior court. Depending on the specific circumstances of your case, you might have more than one option. But,...
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I assume that you received a *motion* for summary judgment. If that's right, then such motions are governed by Rule 56 of the court's rules of civil procedure. You haven't identified the court in which the motion will be heard, but that court has almost certainly posted the rule online. The rules can differ from court to court, so I recommend that you find your court's rule and read it carefully. The deadline for responding to a motion for summary judgment can differ from court to court. You'...
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Under these circumstances, it is common for a party to name subsequent amended pleadings as "Second Amended [pleading name]," "Third Amended [pleading name]," etc.
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1. If you were never properly served with process, then the court did not have personal jurisdiction over you, and the judgment against you is voidable at any time. Technically, you would not "appeal" that judgment. Rather, you would file a motion to vacate the default judgment in the court that entered the judgment against you. To support that motion, you would prepare and file a declaration that states that you were never served with process. If you'd handle these proceedings yourself, the...
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