If a plaintiff voluntarily dismisses an action without prejudice, can defendant seek fees and costs in that action?
Jonathan's answer
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Answered on December 03, 2015
California case law allows for recovery of court costs by the Defendant following a voluntarily dismissal. Similarly, in federal court, FRCP 41(d)...
Archived
Could This Pierce the Corporate Shield?
Jonathan's answer
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Answered on December 02, 2015
Q: Could This Pierce the Corporate Shield?
A: No, it can bypass the "corporate shield" altogether. A personal guaranty clause is exactly what it...
Archived
Frivolous Lawsuit's
Jonathan's answer
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Answered on December 02, 2015
Unlikely that a frivolous lawsuit would make its way up the appellate ladder. If you believe a suit is frivolous you attack it at its inception. ...
Archived
Can you get out of "non-cancellation" credit card machine lease contract?
Jonathan's answer
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Answered on December 02, 2015
No attorney on Avvo can give you a definitive answer about a written contract without reviewing it thoroughly. Best to consult a qualified...
Archived
Suits across state lines
Jonathan's answer
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Answered on December 02, 2015
Transactions that take place over the phone and by email are not sufficient to establish personal jurisdiction. If the company routinely conducts...
Archived
Missed a hearing for lack of prosecution..
Jonathan's answer
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Answered on December 02, 2015
If you truly don't have money, a job or assets and can't pay your debts, you're insolvent and eligible for bankruptcy protection. Filing for BK...
Archived
Jurisdiction - California Superior Court
Service of Process - Personal Service
Jonathan's answer
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Answered on December 02, 2015
I agree with my colleagues and offer the practical advice of consulting opposing counsel to confirm that there's no objection. There shouldn't be...
Archived
My ISP said I have to settle with CEG-TEK on copyrightsettlements.com to reconnect my internet. What can I do?
Jonathan's answer
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Answered on December 02, 2015
I agree with my colleague that this sounds like a (dubious) bitorrent claim. Find out what settlement amount CEG-TEK is seeking and consult an IP...
Archived
Can a lawyer help buy a domain name that's being sold on "jimmy.com"?
Jonathan's answer
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Answered on December 02, 2015
Are you asking whether it's possible for a lawyer to assist you or are you seeking that lawyer? If the latter, go to Avvo's Find a Lawyer page. ...
When I sign a document, do I have a legal right to keep a copy for my own records
Jonathan's answer
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Answered on December 02, 2015
Q: When I sign a document, do I have a legal right to keep a copy for my own records?
A: Yes, especially if it concerns important subject matter...
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