Archived
Can I request my appeal be dismissed without prejudice and then reinstate again? I would be beyond the time to appeal (60/180)
Timothy's answer
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Answered on June 08, 2020
If you would be beyond the time to appeal then you would forfeit the appeal. It also means you are beyond the time to move for reconsideration....
Archived
Notice of appeal filed? Pro Se, Have a writ of mandate, and insurance carrier enforced a bogus settlement, also restitution
Timothy's answer
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Answered on June 05, 2020
I am not following. I gather you have appealed an order to enforce a settlement agreement. An appeal will stay all matters in the trial court...
Can civil summons and complaint name only the corporation and not the registered agent as a Defendant?
Timothy's answer
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Answered on June 05, 2020
No, who you name as defendants is not related to how you serve a corporation defendant. A competent process server should know how to get it...
Archived
Can I hold my LL responsible for dumpsters not having enough capacity for the commercial tenants trash?
Timothy's answer
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Answered on June 04, 2020
Talk with an attorney about possibly doing a pay-and-deduct, paying out of pocket for additional waste disposal and deducting that cost from your...
Boiler-plate Affirmative Defenses , Can they amend after 5 months after close of fact discovery ?
Timothy's answer
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Answered on June 04, 2020
You will need to review the court's scheduling order to see what it says about amendments to the pleadings. Leave to amend is in the court's...
Is it legal for a company to keep money for services not rendered ?
Timothy's answer
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Answered on June 04, 2020
You should consult an attorney and ask if Penal Code 496 is a fit here:
Penal Code section 496, subdivision (a) (section 496(a))
makes...
Selected as the best answer
Archived
I acquired a property from a family trust. I found someone to help. However, I feel in the dark aside from a brief retainer?
Timothy's answer
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Answered on June 04, 2020
It is also not clear what your objective is. Is there a legal dispute? Or do you just need help managing the property? If the latter, you might...
Why does an attorney ask for a birthdate from a client?
Timothy's answer
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Answered on June 02, 2020
Form interrogatories, issued by the Judicial Council and standard in nearly every case, include an interrogatory seeking a litigant's date of...
Should I file a motion to quash a notice of deposition if it was sent two weeks after the discovery cut-off? Federal Court?
Timothy's answer
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Answered on June 02, 2020
The safer course is to file a motion to quash.
What is the timeframe to serve a notice of motion and motion for judgement on pleadings?
Timothy's answer
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Answered on June 02, 2020
By my calendar, 16 court days before June 25 is June 3. If served by mail then CCP 1005 requires the papers to be served 5 days before that, or May...
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