Archived
Can the proposed Answer to Complaint in my Motion to Set Aside Judgment be included in the Declaration part of my Motion?
Alyssa's answer
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Answered on June 15, 2018
As far as I know, there is nothing stopping you from stating in your declaration that attached as Exhibit __ is the Answer you intend to file if...
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Archived
Someone texted me saying they have to serve me a restraining order and they want me to go to a police station to serve me.
Alyssa's answer
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Answered on June 13, 2018
You are not under any legal obligation to go to the police station because of a text message.
Archived
Can an person be considered legally served by a neighbor receiving an Alternative Dispute Resolution packet through a neighbor?
Alyssa's answer
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Answered on June 13, 2018
Often the reality of the situation is different than what the court sees. If the plaintiff has filed a passable proof of service and your son...
When a federal magistrate judge in a hearing says a motion is denied but no official order has been filed/mailed? Is it right?
Alyssa's answer
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Answered on June 07, 2018
If he held the hearing, heard oral arguments, and then took the motions under advisement then most likely the order will be filed on PACER once he...
Archived
How to resolve a Discovery stalemate dilemma?
Alyssa's answer
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Answered on June 07, 2018
A Motion for a Protective Order is an option when dealing with excessive or harassing discovery. It's hard to know whether it is the best option in...
Archived
How much of a game changer is discovering you actually didn't give signed consent for surgery that was done.? Non Emergency
Alyssa's answer
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Answered on June 06, 2018
The answer to your question is very dependent on the facts of your case. The fact that you didn't give consent for the second surgery could be...
Archived
What do I do if the plaintiff just doesn't want to mediate?
Alyssa's answer
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Answered on June 06, 2018
Parties aren't generally required to mediate. The fact that you offered to mediate is not a defense, but the text messages could be relevant for...
Archived
Ignoring Stipulation to Discovery Resolution?
Alyssa's answer
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Answered on June 05, 2018
I can't really answer your specific question regarding the IDC forms, but in general, if the opposing party refuses to meet and confer you can go...
Archived
Can Defendants introduce other Defendants that I haven't heard of? What do I mean? I am suing a public entity and it's gettin
Alyssa's answer
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Answered on June 05, 2018
Short answer: yes. Defendants can bring in other defendants (called cross-defendants) through filing a cross-complaint. Generally when they do so...
Archived
Does a defendant have to file an answer to an amended summons, if they have already filed an answer to the original complaint?
Alyssa's answer
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Answered on June 04, 2018
Likely not, but it's worth checking with opposing counsel to make sure they are on the same page.
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