Archived
What's the difference b/w ERISA law standard of reviews abuse of discretion vs de novo?Which is best to remedy discovery issues
Abraham's answer
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Answered on November 07, 2015
The "Abuse of Discretion" standard gives deference to the lower Court Ruling and it is generally tougher to get the ruling reversed on appeal. The...
Do you have to serve CONFORMED copy of Motion to Compel
Abraham's answer
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Answered on November 07, 2015
As a general practice, most attorneys do not serve conformed copies.
Archived
Is it possible to lift a thumb print off a notary public log 3 years old and then use that as evidence to prove the identity the
Abraham's answer
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Answered on November 07, 2015
Yes it is possible to do what you suggest, but it is not a simple task. You will run into a whole host of procedural and evidentiary issues in...
Archived
Is the other side required to serve me with affidavit for good cause when serving me a subpoena for records (SUBP-010)?
Abraham's answer
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Answered on November 07, 2015
You should receive all documents served on the 3rd Party. Call the school and determine if they received an affidavit. Also call the opposition...
Archived
What happens if I don't appear in court after I have been subpoenad, due to the fact that I have Agoraphobia?
Abraham's answer
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Answered on November 07, 2015
Possibly Yes - but unlikely. Other methods will probably be used first. The Court may continue the matter and set a Order to Show Cause why you...
Archived
Hi, I am in search of some advise on a matter. I am recently part of a questioning for a lost bank deposit at my work place....
Abraham's answer
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Answered on November 06, 2015
Assuming you are asking whether the security person stating your financial records will be pulled constitutes harassment under the facts presented...
Archived
If a default judgment is obtained in a case filed in Florida, can the same case be brought in California?
Abraham's answer
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Answered on November 06, 2015
Not sure why you would want to dismiss the Florida case. If Judgment is entered in Florida, you could enforce it in CA as a sister state judgment.
Archived
Can I get out of the contract?
Abraham's answer
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Answered on November 06, 2015
Not sure if "Lemon" laws apply to used cars or to the particular warranty from Carhop. However as counsel suggested, use the find a lawyer tab to...
Archived
Is there recourse if the owner of a private escrow company transfers ownership of the company to his son violating
Abraham's answer
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Answered on November 06, 2015
Not sure what the question is nor are the facts clear - particularly as to whether or not the husband and wife are currently married and if not...
Archived
My 50/50 partner has mostly abandoned his manager duties and does not contribute money for the company expenses. What can I do?
Abraham's answer
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Answered on November 06, 2015
I would also add that you should look to a Buy Sell Agreement if one was created. There may be provisions in that document which address this...
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