Should mutual releases be included in a stipulation of settlement?

In litigation, if the case is being voluntarily dismissed with prejudice, the defendant(s) might want a release signed by the plaintiff as part of...

The parties to litigation negotiate a resolution directly. In debt collection cases, the judges do not get involved until AFTER a judgment and...

Is there a specific case that I can cite?

Courts have considerable preference to permit defendants who claim they were not served to defend a case on the merits. Without having a copy of...

A doctor and patient have a series of meetings, isn't there an implied contract created in CA. law for dealing in good faith ?

Your posting does not state the express terms. A contract, whether in writing, oral or implied still must have some terms for the court to know...

Based on your posted information, the dealer violated the California Automobile Sales Finance Act. May have also violated other laws, but the...

Should I sign a legal declaration document before agreeing to settlement terms with judgment creditor?

I would not do it without your own legal counsel. Many of the terms can be and should be negotiated, rather than accept every term that was in the...

How many days does a plaintiff have defendants served their summonses/complaint in civil action? Does the clock start after

The deadline is computed 30 days from the date of personal service or 40 days from date of mailing if by substitute service. What do you mean...

If a waiver of service of summons is mailed to a civil defendant in a federal action they tell you orally the are not waiving, ?

The plaintiff has a duty to diligently get the summons and complaint (and any other items required) promptly served on the named defendants. Thus,...

What can be done if the movant on an MSJ lies And omits critical documents?

As the opposing party, it is up to you get present all evidence and submit a Separate Statement as to those material facts that are disputed, along...

CA Superior Court - need CA specific information.

Pleadings can be amended up until trial and even after trial to conform to the evidence. What if the item that you believe is an affirmative...