Archived
For a motion to strike, can the alleged improper matter be put in the exhibits instead in the motion to strike?
Abraham's answer
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Answered on May 16, 2015
Technically, the notice of motion must identify the portions sought to be stricken by page and para # and also identify the particular language. ...
Archived
Can anyone point me to a book in the law library that would help me with pleading punitive damages?
Abraham's answer
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Answered on May 16, 2015
You may want to look at the Rutter Group Civil Practice Guide Before Trial. It is a good start and will point you in the right direction. ...
Archived
Corp filed a civil suit in pro per? I need to answer?
Abraham's answer
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Answered on May 16, 2015
Others have provided great responses to this post; I would only add that you may want to alternatively move to stay/abate the action pending...
Archived
Procedure to obtain text message history, August 2014, from phone carrier for small claims trial in Ca
Abraham's answer
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Answered on May 16, 2015
This does not make sense. Your phone records are yours and if requested, YOUR carrier should release them. As to small claims, a Court will not...
Defendants demurrer sustained to all causes of action, what now?
Abraham's answer
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Answered on May 16, 2015
More information is needed. If the demurrer was sustained with leave to amend, then do so and make sure that you review the tentative and comply. ...
Archived
Can a member of a llc get a loan on a property if he owns almost all the property?
Abraham's answer
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Answered on May 16, 2015
Your question is not clear. If you are trying to get a loan and attempting to use your interest in the LLC as collateral/security, I don't see how...
Archived
How much notice is needed before being heard must a moving party give to responding party for a Motion to Dismiss?
Abraham's answer
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Answered on May 14, 2015
The amount of notice depends on which rules the parties agreed to in Arbitration. Sometimes, the rules of Arbitration are identified within the...
Archived
My roommate filed a Small Claims matter and was awarded $6,700. I provided a declaration to the Court.
Abraham's answer
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Answered on May 14, 2015
The post is unclear as it suggests that your roommate won the case against the woman and got a judgment but that the judgment was set aside. If...
Archived
Probate Judge today ordered a Case Management Conference. Is filing a Statement of Legal & Factual Issues to determine unusual?
Abraham's answer
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Answered on May 14, 2015
It is not unusual for Judges to request additional information from the parties to frame the dispute for the Court and to help it in better manage...
Archived
I lost an unlimited civil case where I was P. I can accept tentative ruling, but D wants Statement of Decision, too!
Abraham's answer
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Answered on May 13, 2015
It is highly unlikely based upon information provided that you can "short-circuit" the statement of decision.
Technically, if the trial is over...
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