Archived
Can I ask leave of court to file a verified 2nd Amended Complaint after defendant answers the unverified 1st Amended Complaint?
John's answer
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Answered on April 09, 2013
The answer to both questions is no, not necessarily. If you have good grounds to file a S.A.C., the Court will not consider whether the F.A.C. is...
Archived
If I receive a deposition notice and want to object to travelling to San Jose from San Carlos what should I do?
John's answer
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Answered on April 09, 2013
In California, the deposition of a person must take place within 75 miles of that person's residence or in the county where the case is filed, but...
How to mail a demand letter?
John's answer
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Answered on April 09, 2013
Generally, if it's your run-of-the-mill demand letter, you don't need to mail it by certified mail. If the recipient is an attorney or insurance...
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Archived
If an elderly person is living with dementia are they able to sign legal documents, for durable power of attorney?
John's answer
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Answered on April 09, 2013
It depends on the severity of the dementia. If it's early stage dementia or very mild dementia, such that the person's mental capacity is...
Archived
What was I agreeing to? And what recourse do I have to a lost document?
John's answer
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Answered on April 09, 2013
It is unclear as to who lost the document. If the Court lost the document, then you can ask the defendant if he or she has a conformed copy (a...
Archived
Do any allegations made by a plaintiff have to be addressed by the defendant in their answer?
John's answer
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Answered on April 09, 2013
In California, the general rule is that you don't need specific, detailed facts in a pleading -- that is, in either a complaint or an answer. You...
Archived
If I need additional space on PLD-C-010 for section 4 what form can be used as a attachment?
John's answer
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Answered on April 09, 2013
I agree with the other responses: You don't need a special form. Simply remember to clearly mark the pleading or plain paper you use as "Attachment...
Archived
How to subpoena plaintiff's witness?
John's answer
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Answered on April 09, 2013
I agree with the other responses: You don't need a special form. Simply remember to clearly mark the pleading or plain paper you use as...
Archived
Is discovery after case management conference?
John's answer
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Answered on April 09, 2013
I agree with the other attorneys. In fact, at the CMC, the Court EXPECTS the parties to have at least STARTED discovery. (It is rare that...
Archived
How do I put a lien on a lawyer?
John's answer
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Answered on April 08, 2013
More specifics are needed to be able to answer your question. If you are a non-lawyer, then you have to be careful that the "legal assistance" you...
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