Should lawyers allow their client to read or review documents they file in civil matters, when the client insists?
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Answered on August 31, 2020
I have my clients read the complaints before filing them. However, I do so because I want to get the facts right, not because I need advice about...
May I request chamber conference with the judge?
Neil's answer
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Answered on August 28, 2020
Generally, judges will not allow you to talk to the judge without the other side present. That is what is known as an ex parte communication, and...
Archived
Ex Parte Application?
Neil's answer
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Answered on August 28, 2020
If the court gave you a date by which to serve papers, go by that date. Otherwise, serve them at least 16 court days before the hearing. A court...
Is it permissible in California to file an amended demurrer to a complaint without leave of court?
Neil's answer
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Answered on August 18, 2020
The short answer is that the demurrers are properly filed. You filed a complaint. The defendants filed demurrers. You filed a first amended...
How do i sue PG&E for damaging property?
Neil's answer
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Answered on August 17, 2020
When a public utility causes damage to your property by starting a wildfire, you can usually sue for inverse condemnation. The statute of...
If motion for change of venue is granted can you dismiss case w/out prejudice before paying costs award if you want to refile?
Neil's answer
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Answered on August 14, 2020
If you dismiss, the defendant could file a memorandum of costs, and get his or her costs awarded. However, given that there is already an order...
Archived
Am I required to attach copies of the filed documents to my opposition memo?
Neil's answer
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Answered on August 10, 2020
Technically, you are supposed to file a separate document called a Request for Judicial Notice and attach the filed documents to that. If you...
Anyone deal with home insurance claims (fire and wind) and has experience dealing with California Fair Plan?
Neil's answer
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Answered on August 05, 2020
California FAIR Plan is the insurer of last resort in fire prone areas, and it is well known not fully and fairly paying claims. The policies...
Can a Healthcare facility force you to transport patients in your personal car?
Neil's answer
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Answered on August 04, 2020
Assuming you are an at-will employee (you have no formal employment contract) your employer can require you to use your car for work. Depending on...
If one party motioned for a mental health exam, is a responsive declaration against it sufficient? If not, what can be done?
Neil's answer
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Answered on July 27, 2020
Mental health independent medical exams are only available by noticed motion or stipulation. In cases where the plaintiff is seeking emotional...
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