Do all defendants in a civil case have to respond to a 2nd amended complaint that was amended due to demurrer from 1 defendant?
Michael's answer
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Answered on May 28, 2022
Yes, defendants can either demur (with or without motion to strike) to the second amended complaint or file an answer the second amended complaint....
How partial payment by the payer affects the payee after delivery of the demand letter ?
Michael's answer
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Answered on May 28, 2022
Up to you, but it would be appropriate to demand the rest instead of incurring more time and expense to sue. It appears that a partial payment...
Just completed a mediation and now opposing counsel wants to start doing depositions. Is this common and do the courts allow it?
Michael's answer
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Answered on May 28, 2022
Proceeding with depos and more discovery requests after an unsuccessful mediation is common.
The AC privileged emails seem to be a major...
How many times can you take the same product liability complaint to court?
Michael's answer
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Answered on May 28, 2022
I generally agree with my colleagues as to the general rule; and will add that if there is a new event giving rise to new claims that could not...
Judicial notice requests..what is reasonable ?
Michael's answer
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Answered on April 20, 2022
Generally: A fact or proposition stated in a record being public does not mean it is automatically indisputable. Court may deny or take notice...
I have no trespassing signs on my closed gate?
Michael's answer
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Answered on December 03, 2021
Generally, it sounds like a trespass; however, you can still be served per Code.
For example, C.C.P. Section 415.20(b) provides:
If a copy of...
Is Agency termination notice is valid?
Michael's answer
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Answered on November 14, 2021
Generally:
If you were working for an employment agency that placed you with an end customer of the agency, it is quite possible that the...
Employment case PAGA percent of recovery?
Michael's answer
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Answered on November 14, 2021
Generally re: PAGA claims:
Labor Code § 2699, subd. (g) (1) states in part, "Any employee who prevails in any action shall be entitled to an...
Could a single appeal be taken in a civil case with multiple defendants?
Michael's answer
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Answered on August 06, 2021
Generally one appeal can be made by a party as appellant. Appeal must be timely made from either final judgment or an appealable order.
Retain...
I now have undeniable evidence of witness tampering of a civil case. I am in dire need to know whom do I go to
Michael's answer
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Answered on July 02, 2021
The judge in the case should be able to handle the witness tampering issue. If you need to get another judge, you might need to file a peremptory...
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