Eric Dubin’s Answers
50 total
Mandatory testimony in trial...ARCHIVED
Eric’s Answer
- Selected as best answer
The Plaintiff can call you to the stand, you have no choice unless you are taking the Fifth Amendment for some reason. I have seen different judges use numerous methods for questions to yourself on the stand. Some judges just have you ask yourself a question, let the other side make an objection if needed, then have you answer from the witness box. If it is a bench trial, not a real problem. What a jury thinks is a different matter.
You would be better having an attorney if you are really going to trial, took me 20 years to master the Evidence Code, and many many trap doors. GOOD LUCK!!Superior Court of California - Citations...ARCHIVED
Eric’s Answer
You will be better served spending time finding California law. Yes, you can use out of state cases, but unless absolutely nothing on point in CA I would not expect much power from the cites.
Why would there be an ex parte hearing to have discovery expedited?ARCHIVED
Eric’s Answer
An ex parte application is for when a party has an emergency issue they must have the court rule on right away, without the standard motion notice and timing requirements. If it relates to pushing discovery, the grounds usually involve a close pending trial date. The ex parte application can be ruled on at the time of the hearing, or the court can order time be shortened for the merits to be heard later. No sanctions can be awarded ex parte.
If you are opposing in any way, present a declaration as to why it should be denied, why you need time to research and respond, and make sure proper ex parte notice was given under the local and court rules. GOOD LUCK!!My son was a passenger in a vehicle where the driver rolled the car and my son was injured in crash.ARCHIVED
Eric’s Answer
So sorry about your boy!! You should get the best care possible, and yes have your own insurance company handle it. You will not know how much the case is worth until your boy is fully healed, and know what kind of long term issues will he be facing. Loss of enjoyment of life, past and future, will be a big part of the claim.
You will need to make sure all future expenses and damages are covered in any resolution, once you settle there is no going back for more. After you settle, have your lawyer call and reduce all medical bills owed, should not be a problem.No question you need to find an amazing lawyer!! GOOD LUCK!!
My minor child was the victim of a hit and rund driver and sustained severe injuries. The driver was eventually found.ARCHIVED
Eric’s Answer
DO NOT SIGN ANYTHING!! There is no hurry, find a great lawyer to determine the true value. Once you sign, IT IS DONE! No matter how bad the future, you can never ask for more money. GOOD LUCK!!
My settlement check was made payable to me only .......but was sent to my lawyer. He then proceeded to somehow cash the check
Eric’s Answer
First thing you need to do is check the contract you signed with counsel. Most fee agreements give power of attorney that would have allowed him to sign your name and deposit the check into an attorney client trust account.
From there, he should send you a final accounting on all costs and fees, and cut the checks.
There should be no confusion on how much his fee was, must be spelled out in the fee agreement. If you feel he has charged you more fees and/or costs then the contract provided, or added things unrelated, then you can demand a State Bar arbitration to work it out.
Ask him for the details of his accounting, a copy of the contract, and all settlement papers with the Defendant. He must keep any disputed money in the trust account, confirm all of this in writing. GOOD LUCK!!Is an email a form of effective service on parties for the opposition to demurrer? LA Attorneys ONLYARCHIVED
Eric’s Answer
Sorry my friend, that is one of the problems of not having an attorney. Even though you guys use email for other things, it is not YET a valid way to serve. However I would not worry, I agree if you file a declaration (and serve correct) you will get off with a pro per warning from the judge. I would not expect another, judges do not give any slack and will treat you the same as a lawyer-expect you know all state and local rules.
FYI- Fax service is also not enough, personal or mail is proper service, best to overnight to cut down service timing delays and confirm document delivery. GOOD LUCK!!Is an email a form of effective service on parties for the opposition to demurrer? LA Attorneys ONLYARCHIVED
Eric’s Answer
Sorry my friend, that is one of the problems of not having an attorney. Even though you guys use email for other things, it is not YET a valid way to serve. However I would not worry, I agree if you file a declaration (and serve correct) you will get off with a pro per warning from the judge. I would not expect another, judges do not give any slack and will treat you the same as a lawyer-expect you know all state and local rules.
FYI- Fax service is also not enough, personal or mail is proper service, best to overnight to cut down service timing delays and confirm document delivery. GOOD LUCK!!Is an email a form of effective service on parties for the opposition to demurrer? LA Attorneys ONLYARCHIVED
Eric’s Answer
Sorry my friend, that is one of the problems of not having an attorney. Even though you guys use email for other things, it is not YET a valid way to serve. However I would not worry, I agree if you file a declaration (and serve correct) you will get off with a pro per warning from the judge. I would not expect another, judges do not give any slack and will treat you the same as a lawyer-expect you know all state and local rules.
FYI- Fax service is also not enough, personal or mail is proper service, best to overnight to cut down service timing delays and confirm document delivery. GOOD LUCK!!Sued in a debt collection case. Should I return the call to the attorney?ARCHIVED
Eric’s Answer
Is the firm out of San Diego? Might want to research firm.