Will a $1 nominal damage award sustain the essential damage element of fraud when there is no compensatory or punitive award.
Abraham's answer
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Answered on July 27, 2015
The sufficiency or nature of damages does not control whether a fraud exists or is proven. The jury believed that fraud was established but...
Archived
In Solano County, Ca....shouldn't there be some sort of proof of service along with the summons on an unlawful detainer case?
Abraham's answer
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Answered on July 27, 2015
Don't wait, file your Answer or other responsive Pleading now or you risk having a Default Request filed and entered. If that happens, you will...
Archived
Is there a time limit to file a motion to quash service & sanctions in a divorce?
Abraham's answer
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Answered on July 22, 2015
Normally 30 days from service; but If you did not seek default within the 30 days - you won't have any luck in opposing the motion on the basis it...
Archived
I am doing a trial as plaintiff pro per se, have no cash, wondering if I can testify myself. Will defendants' subpoena cost?
Abraham's answer
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Answered on July 20, 2015
Nothing requires you to take anyone's deposition; however, if the other side asks to take your deposition and properly notices it, you must comply....
Archived
I have been ordered by the Judge at the California Central District Court to ADR
Abraham's answer
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Answered on July 17, 2015
At mediation, the parties with the aid of the mediator will attempt to settle the action. If the matter is not settled, the mediator (or the...
Archived
If a motion for judgment on the pleadings is granted with leave to amend near the trial date, will the court
Abraham's answer
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Answered on July 17, 2015
The court generally will not continue the trial date on its own - that request has to be made by a party. That said, if the Court granted a motion...
When are certified copies needed for the court to take judicial notice of the files and records of another Cal. Court?
Abraham's answer
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Answered on July 16, 2015
It seems that there are no findings of fact or law related to the dismissal; therefore you will have a very difficult if not impossible task having...
Archived
Can self represented litigants request audio taping of the proceedings ?
Abraham's answer
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Answered on July 16, 2015
Better not do this without disclosing this to the Court and asking for permission. Recording without notice carries both civil and criminal...
Attorneys as Deposition Officers
Abraham's answer
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Answered on July 16, 2015
Technically attorney's cannot be deposition officers - don't have the immediate cite to the legal authority. This is so, because the office has to...
Archived
Person that served by mail the answer to unlawful detainer also included the proof of service by accident. What do i do now?
Abraham's answer
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Answered on July 16, 2015
Have that person sign another Proof with same information and then file it with Court.
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