Archived
Is the AVVO inquiry below a cautionary tale that you should show up for oral arguments even if you agree with tentative ruling?
Abraham's answer
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Answered on April 04, 2014
A tentative ruling is just that - "tentative". You should definitely appear and make sure you present your position and/or rebut any arguments...
Archived
Where there is pending civil litigation can a HOA Collection Agent as Trustee foreclose on a property for unpaid dues?
Abraham's answer
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Answered on April 04, 2014
There are not sufficient facts in your post to respond with information that may prove useful. Considering that you have a civil action pending...
Archived
How do I collect when the judgment debtor refuses to pay?
Abraham's answer
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Answered on April 04, 2014
In a regular civil action, following judgment one can serve discovery to determine assets. Not sure if similar procedure is available for small...
Archived
How does a plaintiff avoid an ambush in a motion for summary judgment?
Abraham's answer
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Answered on April 04, 2014
If you feel the SJ motion is improper in form and substance, you must point out those issues in your opposition. For example, if evidence has no...
Archived
What to do if I need to be served papers for a lawsuit?
Abraham's answer
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Answered on April 04, 2014
Were you trying to evade service or was it unintentional. Whatever the case, sooner or later you will be served. Attempts to serve you personally...
Archived
How to evaluate the worth of the company and divide the share when a partner quits?
Abraham's answer
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Answered on April 04, 2014
Consult knowledgeable counsel about a Buy Sell Agreement. Although the name is misleading, a Buy Sell can address those instances where a partner...
Archived
Hello, I'm kinda new to all of this, but tell me. What types of things can be included in a reply to an opposition motion?
Abraham's answer
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Answered on April 04, 2014
Reply's should be limited to arguments and facts raised in the Opposition; however, I have seen many instances where the moving party introduces...
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Archived
If a demurrer gets filed, does that mean that the courts generated osc as to why default should not be entered automatically dis
Abraham's answer
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Answered on April 04, 2014
With the filing of the demurrer, the OSC will most like go off calendar at some point in the near future. You may want to look online and check...
Archived
How do I file a motion to quash summons?
Abraham's answer
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Answered on April 04, 2014
Venue and Quash motions are very fact specific and must be individually drafted and supported by a memorandum of points and authorities,...
Archived
How long does an expert witness have to wait to be paid for his services?
Abraham's answer
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Answered on April 04, 2014
Normally, experts are paid when retained and if the opposition wants to take your deposition, payment is made at or before time of deposition.
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