Archived
We are in litigation - Family Trust - once we are in discovery, can we request documents without a subpoena?
Joseph's answer
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Answered on August 18, 2015
So sorry to hear that you and your sister are having this conflict. I would advise exhausting every reasonable means of resolving things with her....
Archived
Can I take a doctor through the arbitration, mediation process as an alternative to civil litigation? I seek a legal remedy.
Joseph's answer
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Answered on August 11, 2015
You might try sending the doctor a letter telling him that his conduct has caused you serious embarrassment and stress, but that you would like to...
Is there a difference between Application to strike a demurrer and a Motion to strike demurrer ?
Joseph's answer
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Answered on August 11, 2015
You are not going to win the case by default. They are contesting the case. You would be wasting your time trying to strike the demurrer. And you...
Archived
I belong to a gay men's chorus.
If a "straight" female wants to join, can we decline her request ?
Joseph's answer
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Answered on August 10, 2015
If this is a private association and members are not paid, the answer is probably yes. The answer also depends on whether your group receives tax...
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Archived
Signed a Nondisclosure Agreement
Joseph's answer
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Answered on August 10, 2015
Most likely the company would have difficulty enforcing the agreement for two reasons. One if that the new company might not be entitled...
Archived
My current employer wants me to hand over IP cited in a CIIAA. Not sure if I should ask for anything in exchange.
Joseph's answer
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Answered on August 10, 2015
It doesn't hurt to ask. Having your name on a patent is nice, but it might not give you the same kind of concrete benefits as say, some kind of...
Archived
I signed a non-compete for my previous employer in NYC. Does it apply in LA?
Joseph's answer
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Answered on August 10, 2015
The law on this is slightly different in New York and California. In California, such clauses are unenforceable, but actually they are enforceable...
Archived
My employer reneged on paying moving costs on a relocation pkg I received. What legal stance do I have?
Joseph's answer
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Answered on August 10, 2015
It's not so much a question of grounds. It's more a question of how to resolve the problem. You should probably start by discussing the matter with...
Archived
In a federal motion for a TRO or Preliminary injunction, is it necessary to meet & confer with the other party according to LR?
Joseph's answer
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Answered on August 07, 2015
Yes, the whole point of the rule is for you to make a good faith effort to resolve the issue without involving the court. So unless there is some...
Archived
Missing pieces of evidence in a civil trial that is over. Can the judge make all parties come back?
Joseph's answer
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Answered on August 07, 2015
It could be that the judge thinks you (or maybe the other side) have a case but you haven't proved it, and he is giving the parties an opportunity...
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