What's the deadline to file a Motion for Summary Adjudication and is it from the original trial date or the current trial date?
Michael's answer
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Answered on December 13, 2023
Generally: A motion for summary adjudication must be set for hearing no later than 30 days before the (current) date of trial. You have to add at...
What is the deadline for filing a lawsuit? When it comes to business partnerships
Michael's answer
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Answered on December 13, 2023
Generally:
The statute of limitations for an action on a verbal contract is 2 years under C.C.P. §339; or 4 years for an action on a written...
Can attorney fee sanctions against an attorney be avoided if the client's LLC was suspended when the lawsuit was filed in error?
Michael's answer
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Answered on December 13, 2023
Generally: This is complex and important information is missing to analyze. Best recommendation is to hire experienced counsel to help oppose the...
What are the “presumptions” applied by a court of appeal?
Michael's answer
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Answered on December 10, 2023
Generally: Arguing what "standard of review" applies when a court of appeal reviews a given order is a significant part of the legal research and...
Is there a maximum amount of time from plaintiff filing lawsuit to defendant being served?
Michael's answer
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Answered on December 10, 2023
Generally:
A litigant already found to be a "vexatious litigant" may be subject to a requirement to first obtain permission to before the new...
Is heresay allowed in civil cases?
Michael's answer
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Answered on October 27, 2023
Generally, “hearsay” is a statement made out of court (not sworn or under oath) and is offered to prove the truth of the matter stated. Cal. Evid....
How can I get them to pay for the clean up of the chemicals and correct the mistakes done?
Michael's answer
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Answered on October 24, 2023
Toxic chemical exposure can be serious so seek any medical attention needed right away. Concrete work also involves a lot of dust particles, so...
I going to build & manufacture a product but there is a similar patent - Does the word 'select' mean mine different?
Michael's answer
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Answered on February 21, 2023
Generally: Consider avoiding risk of infringement altogether. If you still wish to proceed, it is strongly recommended to retain a registered...
Bankruptcy
Michael's answer
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Answered on September 21, 2022
There's complexity here and it's unclear whether there's any separation as to amount for fraud, but you may be able to still enforce despite the BK...
Are marilyn monroe photos public domain?
Michael's answer
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Answered on September 21, 2022
Generally not. Marilyn Monroe photos -- many of them -- are one of my former client's properties. Please stop using them unless you get permission....
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