Is there any case law or statutory law that regards the conventional approach to a Statement of Damages document?
Frank's answer
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Answered on December 05, 2018
First of all, you should be aware that a Statement of Damages is "served" but not "filed" (unless you are seeking a default judgment). Statements...
Plaintiff filed but did not serve the amended complaint?
Frank's answer
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Answered on December 04, 2018
Your time to respond to the amended complaint commences from the date you are served with the amended complaint, not the date the amended complaint...
Archived
What is the CCP for correcting a defendants name?
Frank's answer
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Answered on December 04, 2018
The correct CCP section and the procedure to be used depends upon the precise reason why the named defendants are incorrect, but you should take a...
Does the plaintiff have to file a proof of service for each defendant on a complaint or is one proof of service valid for ALL?
Frank's answer
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Answered on December 04, 2018
It is essential that the plaintiff file a separate proof of service of summons for each individual defendant. One proof of service for all...
What to do if a case was filed as "unlimited" and the amount was 6,000 below 25,000, should have been filed as "limited case ..
Frank's answer
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Answered on December 04, 2018
Any party (but usually the defendant) can make a motion to reclassify the unlimited jurisdiction to a limited jurisdiction case. This is commonly...
Archived
Amended complaint filed because a three day pay or quit was not attached.
Frank's answer
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Answered on December 04, 2018
Unless the names of the defendants have changed in the amended complaint, you do not need to have the clerk issue an amended summons. You will,...
What is a trial-setting conference ?
Frank's answer
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Answered on December 04, 2018
A trial setting conference is a court hearing where the judge sets the trial date. In setting the trial date, the judge will typically take into...
I have received a demurred answer?
Frank's answer
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Answered on November 29, 2018
If you are the plaintiff and have not filed a correct complaint or amended complaint, the defendant will ultimately win. You normally can file a...
Archived
Is this legal? And do the client's have any options?
Frank's answer
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Answered on November 29, 2018
If a motion to be relieved as counsel was filed, it appears a lawsuit was timely filed, so the statute of limitations should no longer be an issue...
Can I attend and record a deposition if I'm not the one being deposed and is the defendant's offer likely to increase afterward?
Frank's answer
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Answered on November 29, 2018
If you are the plaintiff, you have the right to be present at the deposition of any witness in your case. You do not have the right to make your...
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