Will Motion to Amend complaint with new causes of action stay the time to appeal, when current complaint may be dismissed?
Joseph's answer
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Answered on December 16, 2019
The procedural issues are complicated and you should consult with a lawyer ASAP.
However, as initial issue you need to determine if there has...
Archived
What are my rights?
Joseph's answer
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Answered on June 18, 2019
An employer is obligated to timely pay wages and if he or she does not do so is subject to a variety of penalties. You contact an attorney or your...
Archived
Can my employer work me 10 days straight 8hrs daily in ca?
Joseph's answer
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Answered on June 18, 2019
Generally speaking, overtime rates apply in California after (a) the first 8 hours worked; (b) after the first 40 hours are worked in a workweek;...
My MSJ is to be heard 5 months from now & I already filed it, but I just discovered additional evidence, can I file a supplmtal?
Joseph's answer
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Answered on June 17, 2019
Ms. Wakefield is correct, you should be able to amend as long as the other side still gets the full 75-days' notice.
However, you should check...
Archived
Can I file Motion To Vacate The Trial Court's Order Dismissing Plaintiff's Complaint", if 60 days has expired from the Order ?
Joseph's answer
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Answered on June 14, 2019
It is impossible to answer this question without knowing a lot more about your case. For example, why was the case dismissed and what motions or...
Where can I find the rules of procedure for striking a document from the record in the Central District Court?
Joseph's answer
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Answered on June 22, 2017
You can't just file any document you want - especially in Federal court. Check the local rules on the court's website and the judge's own...
Archived
Will the court take motions off the calendar in this situation?
Joseph's answer
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Answered on June 22, 2017
Depends on the court and the judge. Try calling the clerk, they will usually take it off if requested by the moving party. Some courts require a...
Tentative ruling vs statement of decision?
Joseph's answer
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Answered on June 22, 2017
the statement of decision is a final ruling. Note that you need a final judgment or another appealable order to file an appeal.
Archived
What is the timeline to oppose a motion for Attorney fees filed from an Appeal decision?
Joseph's answer
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Answered on August 26, 2016
9 court days (i.e., excluding weekends and holidays) before hearing.
You should have an atty handle it.
Archived
Can my employer avoid paying me overtime?
Joseph's answer
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Answered on August 05, 2016
A 2 hour break may entitle you to a split shift premium.
You can contact the DLSE/Labor Commissioner to see if it applies in your case.
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