Archived
Does a demurrer require going to the hearing? Or can I send it to the court in response to a fraudulent summons?
Abraham's answer
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Answered on May 09, 2017
Appearances depend on the Court you are in. For example, in Orange County, you do not have to appear if the parties stipulate to the Court's...
How Do I Resign In A Constructive Termination Situation With A Settlement?
Abraham's answer
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Answered on May 09, 2017
The real question is whether or not your employer believes discrimination exists and whether they want to settle. Even if the answer to both is...
Archived
If the defendant appeals a small claims case to Superior Court, can the case be modified (dollar amount; class action)?
Abraham's answer
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Answered on May 08, 2017
A small claims appeal is called a "trial de novo." At the new trial, you will have the ability to be represented by counsel. If there is an...
Archived
If on short medical leave and return to work but give notice within a few days of returning, can HR tell my new employer?
Abraham's answer
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Answered on May 08, 2017
Generally most employers do not provide information about an employees medical or other leaves taken. If the employer is advised properly, they...
Archived
Do I have discrimination grounds for not being re contacted about solicitation for Non -profit support
Abraham's answer
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Answered on May 08, 2017
It is impossible to provide any meaningful response here because the post provides no facts to determine how "discrimination" arises. On its...
Archived
How much should i be getting paid?
Abraham's answer
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Answered on May 07, 2017
Generally, if tools are required to perform a job, the employer must provide the tools. However, if the employee is making twice the minimum wage,...
Archived
Can a court clerk be sued who purposely failed to file a litigants documents with prejudice?
Abraham's answer
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Answered on May 07, 2017
Unlikely that you have a claim as the magistrate has already ruled. Look at the Order of dismissal for the authority supporting the dismissal.
Archived
Can prosecutor use deceased witness' testimony from previous trial to try a new defendant based on new corroborative evidence?
Abraham's answer
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Answered on May 07, 2017
You are confusing issues and fact. It seems that a new witness identified the defendant's brother. If that is the case, the brother needs to get...
Archived
In Small Claims, what happens if I ask for more than twice for over $2500.
Abraham's answer
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Answered on May 07, 2017
If a Complaint is filed against you, then be prepared to explain how you made a "mistake" 4 times.
Archived
Can demurrers be repeated in Superior court?
Abraham's answer
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Answered on May 07, 2017
Not sure what you mean by "repeated." If the Demurrer was overruled, the Defendant must answer. If sustained, then the Plaintiff must file an...
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