Must California Courts hold pro se litigants to the same standards as lawyers? What are the legal grounds for such a rule?
Joseph's answer
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Answered on November 01, 2014
I think a lot depends on the judge. Some judges have no patience for pro se litigants, probably based on thinking that they waste a lot of court...
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Can you settle a civil lawsuit for more than you wrote in your filed complaint without amending it?
Joseph's answer
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Answered on October 27, 2014
The short answer is Yes you can, but don't count on the other side offering more than was demanded in the original complaint. The amount you demand...
We don't have a Right to First Refusal in our custody agreement. Can I get a babysitter?
Joseph's answer
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Answered on October 27, 2014
It sounds like your ex-husband is resentful that it appears to him that you do not value your kids enough to want to spend all your available time...
Archived
What are my ADR options?
Joseph's answer
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Answered on October 27, 2014
Mediation is all about agreement, and the first thing you need to agree on is the mediator. If you can do that, it bodes well for being able to...
Archived
What does a mediator look for in terms of preparedness?
Joseph's answer
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Answered on October 27, 2014
It's good that you have thought through all of the issues. You should also think about how your presentation is going to be received by your ex,...
Archived
Is there still enough time to retain the services of an attorney on short notice for early mediation w/ DFEH and respondents?
Joseph's answer
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Answered on October 26, 2014
I don't know if you have been able to find an attorney yet. If you have, it's probably a good idea, so that your attorney can advise you on whether...
How long does it take from filing a partition lawsuit to resolution of the issues? Would it be faster to reach a compromise?
Joseph's answer
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Answered on October 22, 2014
I try to avoid using the word "compromise," because it suggests that one side or the other is getting less than they are entitled to. What you want...
Archived
I know that the usual course of civil litigation is Plaintiff serves complaint, Defendant responds, then Discovery, then ...
Joseph's answer
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Answered on October 21, 2014
What you need to do to decide whether this strategy makes sense is to figure out what elements you need to prove to win the case, and then figure...
Archived
If the due date for response to interragatories is the date of the trial, can I serve my response that day, after the trial?
Joseph's answer
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Answered on October 16, 2014
It is possible the trial will not actually start that day, so you would still be providing answers before the trial. It is also possible that the...
Archived
Who is responsible for paying the $7000 extra if an attorney spends $40K when he quoted client $33 for a cost?
Joseph's answer
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Answered on October 16, 2014
It depends on whether the attorney merely gave you an estimate or whether he promised that the fee would not exceed that amount. And in addition to...
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