Archived
“If Plaintiff pleads both open book and account stated can I do a bill of particulars on open book claim only.
Richard's answer
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Answered on June 15, 2014
For what purpose? All you are going to get are copies of some billing statements. If you want to conduct real discovery, which may benefit you at...
Archived
Not notified of a judgment against me
Richard's answer
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Answered on June 12, 2014
The 2017 court date is probably not a trial date. It is an OSC where the plaintiff must show that it has diligently prosecuted the case. If a...
Archived
Does having an asset protection trust protect someone from paying on a civil judgement?
Richard's answer
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Answered on June 12, 2014
I suggest that you do not believe anything that the opposing attorney tells you. He is not your attorney. You need to have your attorney review...
Archived
I received CA preliminary notice on April from a plumber who did not do the job on Jan.
Richard's answer
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Answered on June 12, 2014
The plumber can record the lien with the County Recorder. It will then show up on a title report. However, the plumber must thereafter file a...
Can I send a cease and desist letter to debt collector for medical bills?
Richard's answer
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Answered on June 11, 2014
You may send a "cease and Desist" letter. This will stop the phone calls. However, they can still file a lawsuit.
As to your waiving the...
Archived
Being sued for the third time by same party after prevailing twice before.
Richard's answer
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Answered on June 10, 2014
Your question requires a review of the records of the prior proceedings, the pleadings in this case and the relevant facts and evidence. You will...
Archived
What are the remedies for both an account stated and open book claim?
Richard's answer
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Answered on June 10, 2014
These are called "common counts." The "remedy" is a monetary judgment against the defendant.
Archived
I made a Motion to Modify a Judgment. The Court and all parties agreed to Amend Judgment. Its over 60 days. no new judgment.
Richard's answer
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Answered on June 10, 2014
Is there an official court record of the judge amending the judgment? This might be a minute order, or it might be reported by an official court...
Archived
Is medical debt still owed, or has statue of limitations passed?
Richard's answer
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Answered on June 10, 2014
The statute of limitations is either 2 years or 4 years from the date of your failure to pay, or the date of your last payment, whichever is...
Archived
I lost a civil case, judgment was entered against me in LASC. My motion to modify judgment was partially successful.
Richard's answer
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Answered on June 09, 2014
Do you have a minute order for the hearing on your request for modification? A transcript of what was said at the hearing? Get these documents to...
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