Archived
Can I suppress the evidence in small claims court case since it was obtained in the violation of the confidentiality agreement?
John's answer
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Answered on April 21, 2014
The rules of evidence are much more relaxed in small claims than in regular litigation (non-small claims courts). Having said that, you should...
After my car is deemed totaled, does the insurance company own the car after they write you a check?
John's answer
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Answered on April 21, 2014
You can choose to keep the car; it's up to you. They'll give you that option.
Archived
Can contributory negligence reduce the damage award on strict liability tort damages?ie; conversion and trespassing and fraud 2x
John's answer
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Answered on April 21, 2014
By way of clarification, conversion and trespass are not strict liability torts, but intentional torts. This is good news for you, because the case...
Archived
Which of two answers by defendant to an unlimited civil action is now applicable?
John's answer
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Answered on April 21, 2014
That's a very interesting set of facts. More information would help answer this question better. Did the Court rule on the demurrer at a hearing,...
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California evidence - are deposition transcripts hearsay for motions? No declaration of court reporter provided
John's answer
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Answered on April 21, 2014
I agree with the other attorneys. Your objection on hearsay grounds is likely not going to be successful. You may also object on technical grounds...
A body shop won't release my car because of a disagreement between the body shop & insurance co. What can I do?
John's answer
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Answered on April 21, 2014
Sadly, this is one of the potential pitfalls of trying to handle a car accident claim on your own. Normally, I would encourage you to consult an...
Archived
Can I have a deposition of x-defendant again after I amended x-complaint to add new cross-defendant and new claim?
John's answer
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Answered on May 01, 2013
No, you can't take another deposition of a party you've already deposed without a court order. Now, the newly added party may decide to depose the...
Archived
Can a person sign a disclaimer after falling on one's property after being paid and afterwards get others to keep claiming?
John's answer
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Answered on May 01, 2013
Interesting set of facts. I suppose a lot rides on how the release was worded. (The release is the document an injured party signs promising not...
Archived
C.C.P. 428.80 and Cross-Complaint Question
John's answer
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Answered on May 01, 2013
You may want to consult with an attorney on the specifics of your case. In brief, the answer to your question is, "No." Section 428.280 doesn't...
How many court days beforel trial can I motion to preclude evidence??
John's answer
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Answered on April 30, 2013
Proper statutory notice is 16 court days, plus 5 calendar days if mailed within California, from the Final Status Conference. Having said that, a...
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